International Criminal Court: New US sanctions ‘a flagrant attack’ against its independence

“These sanctions are a flagrant attack against the independence of an impartial judicial institution which operates pursuant to the mandate conferred by its States Parties from across regions,” the ICC wrote in a statement.

Established in 2002 under the Rome Statute, the ICC is a separate institution and not part of the UN, although the Security Council may refer cases to the court.

With the consent of countries that have signed the Rome Statute, the ICC prosecutes individuals for genocide, war crimes, crimes against humanity and the crime of aggression.

See our explainer, here.

UN Spokesperson Stéphane Dujarric told reporters on Wednesday that Secretary-General António Guterres was seriously concerned at the latest US action “as well as the ongoing designation of other International Criminal Court employees.”

The US, which is not a party to the Rome Statute, has expressed concerns that the ICC is a threat to its national sovereignty. It worries the Court could prosecute US citizens for grave crimes allegedly committed in countries that – unlike the US – recognize the court’s authority.

On Tuesday, US Secretary of State Marco Rubio announced fresh sanctions against ICC President Tomoko Akane and senior trial lawyer Abdoulaye Seye. Washington had previously sanctioned former top prosecutor Karim Khan, who has since been dismissed from his post. 

According to media reports, Mr. Seye has played a role in the investigation into Israeli funding for illegal settlements in the West Bank and the alleged distribution of weapons to settlers.

In November 2024, the ICC led by prosecutor Khan issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant, alleging war crimes relating to the war against Hamas in Gaza. 

“The Trump Administration has been clear: the International Criminal Court is a corrupt and fatally politicised supranational court that has maliciously abused its authority and exceeded its mandate,” Mr. Rubio wrote in a statement. 

The sanctions build on previous US sanctions against the ICC under both terms of President Donald Trump, as well as Mr. Rubio’s statement on 13 July that the US intended to “dismantle” the court’s threat to US sovereignty.

Nine of the court’s 18 judges, along with both deputy prosecutors, the former prosecutor and one staff member are now barred from transacting with US citizens and face onerous restrictions in the global financial system.

“While the United Nations and the International Criminal Court are separate institutions, with separate and distinct mandates, as we often said, the United Nations considers the ICC a key pillar of international criminal justice and the Secretary-General very much respects its work,” Mr. Dujarric said.

US officials including Mr. Rubio have defended US sanctions by asserting that some of the court’s investigations and arrest warrants have been politically motivated, and that the Court’s power infringes upon national constitutional systems.

On Wednesday, the court pushed back, saying that “the international legal order itself is placed at risk” when judges are threatened for applying the law.

“Threats and coercive measures also impact the ability of victims to seek justice, as they turn to the court when all other avenues have been exhausted,” the ICC wrote.

The court said it stands behind its personnel and victims of “unimaginable atrocities,” adding that it will continue to carry out its mandate “with independence and impartiality.”

“The ICC values the consistent demonstrations of solidarity of States Parties, civil society and all those who support the rule of law and justice for the victims of international crimes,” it wrote. “The Court will continue its work, with all partners and with the unwavering support of its States Parties, to ensure the effective and independent implementation of its mandate.”