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US President Donald Trump signed an executive order on Thursday to impose sanctions on the International Criminal Court (ICC) over its investigation of Israel. The US and Israel are not members of the court and do not recognize its authority.
The ICC has issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu for alleged war crimes related to Israel’s military actions in Gaza following the Hamas attack in October 2023. Many Palestinians, including children, have been killed during Israel’s response.
The order says that the ICC is carrying out "illegitimate and baseless actions targeting America and our close ally Israel" and accuses the court of misusing its power by issuing "baseless arrest warrants" against Netanyahu and former defense minister Yoav Gallant.
"The ICC has no jurisdiction over the United States or Israel," the order says, adding that its actions set a "dangerous precedent."
Trump signed the order while Netanyahu was in Washington. The two met at the White House on Tuesday, and Netanyahu also met with lawmakers on Thursday.
The order further says that the US will impose "tangible and significant consequences" on those responsible for the ICC’s actions. Possible measures include blocking assets and banning ICC officials, employees, and their families from entering the US
Human rights groups said these sanctions could discourage the court's work and contradict US efforts in other international cases.
"Victims of human rights abuses around the world turn to the International Criminal Court when they have nowhere else to go, and President Trump's executive order will make it harder for them to find justice," said Charlie Hogle of the American Civil Liberties Union. "The order also raises serious First Amendment concerns because it puts people in the United States at risk of harsh penalties for helping the court identify and investigate atrocities committed anywhere, by anyone."
Hogle added that the order "is an attack on both accountability and free speech."
The US has never joined the ICC and has long opposed a global court with unelected judges prosecuting American officials. A 2002 law allows the US military to free any American or ally detained by the ICC. In 2020, Trump imposed sanctions on the ICC’s previous chief prosecutor, Fatou Bensouda, for opening an investigation into war crimes in Afghanistan, including those committed by the US
Former President Joe Biden later lifted those sanctions and the US began limited cooperation with the ICC, especially after it charged Russian President Vladimir Putin with war crimes in Ukraine.
Sanctions could make it harder for ICC investigators to travel and use US technology to secure evidence. Last year, the ICC experienced a cyberattack that disrupted access to files for weeks.
Some European countries oppose US sanctions. The Netherlands urged ICC member states to "cooperate to mitigate risks of these possible sanctions, so that the court can continue to carry out its work and fulfil its mandate."
