The Trump administration is preparing wide-ranging sanctions against the International Criminal Court (ICC) that could seriously hinder the institution's funding and operations. According to available information, the sanctions would, after a transition period of six to seven months, prohibit most transactions with the ICC.
The consequences could be far-reaching: the court could lose the ability to transact in US dollars, thereby being cut off from a large part of the global financial system. The new measures would be significantly broader than previous ones, as they would target the institution's operations as a whole, rather than just individuals.
The US has already imposed sanctions on several ICC officials. Among those sanctioned are the court's president, Tomoko Akane, along with other judges, deputy prosecutors, and the prosecutor leading the case against Netanyahu and other Israeli officials. It is not yet known when the final decision on the new measures will be made, but US officials expect it to be announced during or immediately after the UN General Assembly.
The US Secretary of State stated in July that Washington is prepared to dismantle the ICC 'brick by brick' if necessary. The Trump administration argues that the court threatens US sovereignty by initiating proceedings against citizens of states that are not members. Neither the US nor Israel are members of the ICC. It is notable that Trump, as president, had previously supported the court's call to investigate potential war crimes in Ukraine, despite Russia also not being a member of the ICC.
Relations between Washington and the ICC deteriorated sharply after the court issued arrest warrants for Netanyahu and the then Israeli Defence Minister, Yoav Gallant. The warrants were issued following allegations of war crimes and crimes against humanity linked to the war in Gaza, against which Netanyahu and Gallant have entered pleas. The ICC was simultaneously seeking warrants against Hamas leaders following the 7 October 2023 attacks, but the leaders against whom warrants were sought have since been killed.
European countries have announced they will seek to protect the court from US pressure. The EU is also considering requiring its banks to continue doing business with the ICC, though it is unclear how such measures would work in practice.
