The International Criminal Court (ICC) has reaffirmed its commitment to judicial independence despite sanctions imposed by former US President Donald Trump. The court condemned Trump’s executive order, stating it was designed to undermine its “independent and impartial” judicial processes.
The order follows the ICC’s issuance of an arrest warrant for Israeli Prime Minister Benjamin Netanyahu over alleged war crimes in Gaza, charges Israel has denied. The court also issued a warrant for a senior Hamas commander. Trump’s order accuses the ICC of engaging in “illegitimate and baseless actions,” arguing its recent decisions set a “dangerous precedent” that could expose Americans to “harassment, abuse, and possible arrest.”
As a global tribunal, the ICC has jurisdiction over genocide, war crimes, and crimes against humanity. While more than 120 countries, including the UK and European nations, are members, the US and Israel have never joined.
In response to the sanctions, the ICC released a statement condemning the executive order. “The ICC condemns the issuance by the US of an executive order seeking to impose sanctions on its officials and harm its independent and impartial judicial work,” it said. The court also emphasized its mission to provide justice, stating it remains committed “to continue providing justice and hope to millions of innocent victims of atrocities across the world.”
The court has previously issued arrest warrants for world leaders, including Russian President Vladimir Putin for alleged war crimes in Ukraine, Taliban figures for “persecuting Afghan girls and women,” and Myanmar’s military leader for crimes against the Rohingya Muslims.
In Netanyahu’s case, ICC judges determined that there were “reasonable grounds” to believe that he, along with former Israeli Defense Minister Yoav Gallant and Hamas commander Mohammed Deif—who died last year—bore “criminal responsibility for alleged war crimes and crimes against humanity.”
However, the White House rejected the court’s actions, with a memo circulated on Thursday accusing the ICC of drawing a “shameful moral equivalency” between Israel and Hamas by issuing the warrants simultaneously.
Trump’s order also claims the ICC’s actions “threaten to infringe upon the sovereignty of the United States” and “undermine” US national security and foreign policy.
The sanctions specifically target individuals who assist ICC investigations involving US citizens or allies, restricting their financial transactions and travel. The timing of the move, which coincided with Netanyahu’s visit to the US, has drawn criticism from multiple allies, including the Netherlands and Germany.
UK Prime Minister Keir Starmer’s spokesperson reaffirmed Britain’s stance, stating that the UK supports the ICC’s independence.
The United Nations also condemned the order, calling for it to be reversed. European Commission President Ursula von der Leyen emphasized the court’s crucial role, posting on X (formerly Twitter) that the ICC “must be able to freely pursue the fight against global impunity.”
Conversely, Israel’s Foreign Minister Gideon Saar praised Trump’s decision. “I strongly commend President Trump’s executive order,” he wrote on X, calling the ICC’s actions “immoral” and claiming they lacked “legal basis.”
Hungary also backed Trump’s stance. Foreign Minister Peter Szijjarto said on Facebook that the order was “absolutely understandable,” alleging that the ICC had become a “biased political tool.” Hungary has faced criticism for maintaining ties with Russia despite the invasion of Ukraine and has invited Netanyahu to visit even after the ICC issued his arrest warrant.
Experts warn that the sanctions could have a major impact on the ICC’s operations. Zachary Kaufman, a former clerk for the court’s first chief prosecutor, told the BBC World Service that “the sanctions… do have the potential of freezing property and assets, as well as suspending entry into the United States of ICC officials and their immediate family members.”
The US has long rejected the ICC’s jurisdiction over its citizens and officials. Washington has accused the court of constraining Israel’s right to self-defense while failing to prosecute Iran and anti-Israel groups.
During his first term, Trump imposed similar sanctions on ICC officials investigating alleged US war crimes in Afghanistan. The measures included travel bans and asset freezes on then-chief prosecutor Fatou Bensouda. These were later lifted by President Joe Biden’s administration.
Despite Trump’s latest order, efforts to sanction the ICC remain stalled in Congress. Last month, the US House of Representatives passed a bill seeking to impose penalties on the court, but the legislation failed in the Senate.
Meanwhile, some countries have moved to reinforce the ICC’s authority. In response to what they view as attacks on the court, nine nations, including South Africa and Malaysia, formed the “Hague Group” last month to support the ICC and its rulings.
Before leaving office, President Biden also criticized the ICC’s decision to issue an arrest warrant for Netanyahu. He labeled the move “outrageous” and rejected any comparison between Israel and Hamas.
Trump’s order maintains that “both nations [the US and Israel] are thriving democracies with militaries that strictly adhere to the laws of war.”
The ICC prosecutor’s case against Netanyahu and Gallant found “reasonable grounds to believe” they bear criminal responsibility as co-perpetrators for multiple offenses, including “the war crime of starvation as a method of warfare” and “the crimes against humanity of murder, persecution, and other inhumane acts.” Additionally, it found “reasonable grounds” that both leaders were responsible for directing attacks against civilians.
Trump’s executive order follows his controversial proposal to “take over” Gaza and resettle Palestinians elsewhere. During a joint press conference with Netanyahu, he claimed his plan would transform Gaza into the “Riviera of the Middle East.” After widespread condemnation from Arab leaders and the UN, he reiterated the proposal on his Truth Social platform on Thursday.