US Sanctions on International Criminal Court (ICC)

In a significant move, US President Donald Trump signed an executive order imposing sanctions on the International Criminal Court (ICC) on September 10, 2020. These sanctions are linked to the ICC’s investigations into potential war crimes by American and Israeli officials, specifically in the context of the Gaza conflict. This move has raised concerns about the future of the ICC and its ability to pursue justice for war crimes and crimes against humanity.

What is the International Criminal Court (ICC)?

• The ICC was created in 2002 under the Rome Statute to prosecute individuals for the most serious international crimes, including war crimes, crimes against humanity, genocide, and aggression.
• Its role is to provide justice in cases where national governments are unable or unwilling to prosecute such crimes.
• Membership and Jurisdiction: While the United States and Israel are not members of the ICC, 125 countries have signed the foundational treaty, granting the court jurisdiction over crimes committed on their territory or by their nationals. The ICC steps in when countries fail to address such serious crimes.
• Notable Convictions: The ICC has convicted individuals for war crimes in multiple regions, including:
  • Thomas Lubanga (2012), a Congolese warlord sentenced for conscripting child soldiers.
  • Bosco Ntaganda (2019), a Congolese warlord convicted for atrocities during ethnic conflicts.
  • Dominic Ongwen (2021), a former child soldier turned rebel leader from Uganda convicted for war crimes and crimes against humanity.

Details of US Sanctions Against the ICC

• The Sanctions Executive Order: In 2020, President Trump issued an executive order targeting ICC officials. The sanctions aim to block any US-based financial assets of the court’s staff and prevent them from entering the US. This was primarily in response to the ICC’s investigation into potential war crimes committed by US troops in Afghanistan and its decision to issue arrest warrants for Israeli leaders, including Prime Minister Benjamin Netanyahu.
• Reason for Sanctions: The US government accuses the ICC of being illegitimate and pursuing baseless actions by investigating Israel, an American ally, over alleged war crimes in Gaza.
  • The ICC’s issuance of arrest warrants for Netanyahu and others is viewed by the US as a challenge to its sovereignty and an overreach of the court's powers.
• Impact of Sanctions on ICC and Its Investigations: These sanctions could severely hamper the ICC’s ability to function. The ICC’s mandate relies on international cooperation to arrest suspects and ensure fair trials. With these sanctions, the court might face greater difficulty in gaining the necessary support for its investigations.
• Challenges to ICC’s Effectiveness: These sanctions raise questions about the effectiveness of the ICC in delivering global justice. The court has been instrumental in addressing impunity for the most heinous crimes, but without international cooperation, it faces significant challenges in carrying out its work. The US sanctions, along with non-member status, put pressure on the ICC’s ability to enforce its decisions.

Role of the United States and Israel in the ICC

• Non-Membership of the US and Israel: Both the United States and Israel are not members of the ICC. Despite this, the ICC has investigated allegations of war crimes involving their citizens, as in the case of US troops in Afghanistan and Israeli officials. This has led to significant tensions, as the US views the ICC’s authority over its nationals as a violation of sovereignty.
• Impact of US Leadership on the ICC’s Reach: The US has historically opposed the ICC, fearing that it could interfere in its foreign policy and military operations. This has led to attempts to weaken the court’s ability to investigate US actions or those of its allies, particularly Israel. President Trump’s sanctions are seen as part of a broader effort to prevent the court from prosecuting US personnel or holding US allies accountable.