President Donald J. Trump signed an executive order on Thursday authorizing stringent economic sanctions against the International Criminal Court (ICC), condemning its actions as “illegitimate and baseless” for targeting the United States and Israel.
The order grants the president broad authority to impose financial and visa restrictions on ICC officials and their family members if they are found to be involved in investigations or prosecutions of US citizens and US allies.
This move follows the ICC’s November decision to issue arrest warrants for Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant over alleged war crimes and crimes against humanity in Gaza.
The 125-member International Criminal Court (ICC) is a permanent tribunal responsible for prosecuting individuals for war crimes, crimes against humanity, genocide, and crimes of aggression committed within the territory of member states or by their nationals. The United States, China, Russia, and Israel are not members of the ICC.
It remained unclear how soon the US would announce the names of those sanctioned. During Trump’s first administration in 2020, Washington imposed sanctions on then-ICC prosecutor Fatou Bensouda and a senior aide over the court’s investigation into alleged war crimes by American troops in Afghanistan.
The ICC has not responded to requests for comment.
The February 6 executive order titled “Imposing Sanctions on the International Criminal Court,” reads:
I, DONALD J. TRUMP, President of the United States of America, find that the International Criminal Court (ICC), as established by the Rome Statute, has engaged in illegitimate and baseless actions targeting America and our close ally Israel.
The ICC has, without a legitimate basis, asserted jurisdiction over and opened preliminary investigations concerning personnel of the United States and certain of its allies, including Israel, and has further abused its power by issuing baseless arrest warrants targeting Israeli Prime Minister Benjamin Netanyahu and Former Minister of Defense Yoav Gallant.
The ICC has no jurisdiction over the United States or Israel, as neither country is a party to the Rome Statute or a member of the ICC. Neither country has ever recognized the ICC’s jurisdiction, and both nations are thriving democracies with militaries that strictly adhere to the laws of war.
The ICC’s recent actions against Israel and the United States set a dangerous precedent, directly endangering current and former United States personnel, including active service members of the Armed Forces, by exposing them to harassment, abuse, and possible arrest. This malign conduct in turn threatens to infringe upon the sovereignty of the United States and undermines the critical national security and foreign policy work of the United States Government and our allies, including Israel.
Furthermore, in 2002, Congress enacted the American Servicemembers’ Protection Act of 2002 to protect United States military personnel, United States officials, and officials and military personnel of certain allied countries, against criminal prosecution by an international criminal court to which the United States is not party, stating, “In addition to exposing members of the Armed Forces of the United States to the risk of international criminal prosecution, the Rome Statute creates a risk that the President and other senior elected and appointed officials of the United States Government may be prosecuted by the International Criminal Court.”
The executive order continues:
The United States will impose tangible and significant consequences on those responsible for the ICC’s transgressions, some of which may include the blocking of property and assets, as well as the suspension of entry into the United States of ICC officials, employees, and agents, as well as their immediate family members, as their entry into our Nation would be detrimental to the interests of the United States.
Prime Minister Benjamin Netanyahu who is on a state visit in the US, issued the following statement on Thursday:
“Thank you, President Trump for your bold ICC Executive Order. It will defend America and Israel from the anti-American and antisemitic corrupt court that has no jurisdiction or basis to engage in lawfare against us. The ICC waged a ruthless campaign against Israel as a trial run for action against America. President Trump’s Executive Order protects the sovereignty of both countries and its brave soldiers. Thank you, President Trump.”
