The United States has imposed sanctions on two senior officials of the International Criminal Court (ICC), including its president, Tomoko Akane, and senior trial lawyer Abdoulaye Seye. The move by the Trump administration, part of a broader campaign against what it calls a 'corrupt and fatally politicised body,' has drawn sharp rebukes from the ICC, its allies, and human rights groups.

ICC Condemns Sanctions as 'Flagrant Attack' on Independence

The ICC reacted angrily, calling the sanctions a 'flagrant attack' on its independence.

'These sanctions are a flagrant attack against the independence of an impartial judicial institution,' the court said in a statement, adding that 'such measures targeting judges, prosecutors and staff … undermine the rule of law.' The court also warned that 'when judicial actors are threatened for applying the law, it is the international legal order itself that is placed at risk.'

The sanctions target Akane, a Japanese judge who has served as ICC president since March 2024, and Seye, a Senegalese lawyer. The measures bar US persons from conducting transactions with them and effectively freeze their access to the US financial system.

EU and Japan Close Ranks Behind the Court

The sanctions have triggered an international backlash, with key US allies, including Japan and the European Union, voicing support for the ICC.

Japan, the ICC's largest funder and a close US ally, objected to the sanctions. Toshihiro Kitamura, press secretary at Japan's Ministry of Foreign Affairs, said Japan has 'consistently supported the ICC … in its efforts to prosecute and punish the most serious crimes of concern to the international community and to uphold the rule of law.'

EU leaders Ursula von der Leyen, President of the European Commission, and Antonio Costa, President of the European Council, said they 'stand firmly' with the ICC and its president. In a joint statement on social media platform X, they said, 'The ICC helps deliver justice to the victims of some of the world's most horrific crimes,' adding that 'judges and officials must be able to carry out their work independently and without external pressure.'

US Defends Sanctions as Matter of Sovereignty

US Secretary of State Marco Rubio defended the sanctions, accusing the two officials of having 'directly engaged in efforts by the ICC to investigate, arrest, detain, or prosecute officials whose government has not consented to ICC jurisdiction.'

The ICC has repeatedly attempted to assert authority over nationals of the United States and other countries that have not consented to its jurisdiction or ratified the Rome Statute,' Rubio said. 'This sets a dangerous precedent for all nations.'

Washington has long argued that the ICC, which it accuses of being politicised, has no authority over non-member states. The United States signed but never ratified the Rome Statute, a point underscored by Rubio. Israel and Russia are also not ICC members.

The sanctions come amid heightened tensions between Washington and the ICC, particularly over the court's investigations involving US ally Israel. In 2024, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and then-Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity related to the Gaza conflict.

Wider Fallout

Last month, Washington launched a diplomatic offensive against the ICC, accusing it of threatening US citizens and calling for withdrawals from the court. In recent months, Chad and Venezuela have announced their withdrawal from the ICC, a move the ICC has expressed concern over, saying it risked undermining the collective pursuit of justice.

In a separate development, four human rights groups, including Human Rights Watch, have filed a lawsuit against President Trump over the sanctions. The lawsuit is the latest in a series of legal challenges to the administration's policies towards the ICC.

Perspectives

US State Department: Defends the sanctions as necessary to protect American sovereignty, with Secretary of State Marco Rubio arguing that the ICC has 'repeatedly attempted to assert authority over nationals of the United States and other countries that have not consented.'

ICC: Condemns the sanctions as a 'flagrant attack' on its independence and a threat to the rule of law, asserting that 'when judicial actors are threatened for applying the law, it is the international legal order itself that is placed at risk.'

EU and Japan: Voice firm support for the ICC, with EU leaders stating that 'judges and officials must be able to work independently without external pressure.'