ICC Condemns U.S. Sanctions as 'Flagrant Attack' on Its Independence
The International Criminal Court (ICC) condemned on Wednesday U.S. sanctions against its president, Tomoko Akane of Japan, and trial lawyer Abdoulaye Seye of Senegal, calling the measures a "flagrant attack" on the court's independence. In a statement, the Hague-based court said the sanctions "undermine the rule of law" and jeopardize the international legal order, while stressing that it would "continue to fully discharge its mandate with independence and impartiality, in full accordance with the Rome Statute and in the interest of victims of international crimes."
The sanctions were announced on Tuesday by U.S. Secretary of State Marco Rubio, acting under an executive order signed by President Donald Trump. Rubio said the targeted individuals had "directly engaged in efforts by the ICC to investigate, arrest, detain, or prosecute officials whose government has not consented to ICC jurisdiction," and described the measures as part of an "unwavering mission to protect Americans from this sham of a court." He added, "We will not tolerate its assault on state sovereignty."
The United States signed the Rome Statute that established the ICC in 2002 but never ratified it. Under President Trump, Washington has accused the court of being "politicized." Last month, the administration launched a diplomatic offensive against the ICC, accusing it of threatening Americans and calling on partners to withdraw from the body. Chad and Venezuela have since announced they are withdrawing, and the ICC expressed concern that such withdrawals risked undermining the collective pursuit of justice.
The sanctions come amid the ICC's investigations involving Israel, a close U.S. ally. In 2024, the court issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu over the war in Gaza, as well as for former Defense Minister Yoav Gallant. Israel is not a party to the Rome Statute. The court also issued or planned to issue arrest warrants for several now-deceased Hamas leaders.
International Condemnation and Support
The sanctions drew a swift rebuke from the United Nations and European leaders. UN rights chief Volker Türk said the "unacceptable new sanctions imposed by the USA against the International Criminal Court's President and a prosecution staff member must be lifted."
European Commission President Ursula von der Leyen and European Council President Antonio Costa issued twin statements on X expressing solidarity with the court. "The ICC helps deliver justice to the victims of some of the world's most horrific crimes," they said. "To carry out this essential work, its judges and officials must be able to act independently and without external pressure." The EU leaders said they "stand firmly" with the court.
German Justice Minister Stefanie Hubig said it was "deeply distressing that it is the US of all countries that is launching a frontal attack on international criminal law," noting that the U.S. helped establish the concept of international criminal law in the Nuremberg trials against members of Germany's Nazi regime. She added that the sanctions "reflect contempt for the idea of the rule of law that cannot be reconciled with this tradition." Germany's foreign ministry also called the court's independence "of central importance."
France condemned the sanctions in a Wednesday statement, expressing solidarity with the targeted magistrates. The Netherlands, which hosts the ICC at The Hague, voiced its disapproval, and Spain described the court as "the cornerstone of the international criminal justice system."
Japan, the ICC's biggest funder and a close U.S. ally that is not a party to the Rome Statute, also objected. Foreign Ministry Press Secretary Toshihiro Kitamura called the measures "very unfortunate," adding that 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."
Israeli Prime Minister Benjamin Netanyahu, however, applauded the sanctions in an X post, calling the ICC "a kangaroo court that cloaks its abuse of power in the language of international law."
Context: A History of Tensions
The ICC, established in 2002, prosecutes individuals accused of the gravest atrocities, including war crimes, genocide, and crimes against humanity. The U.S. has long had an uneasy relationship with the court, which it never joined.
The latest sanctions are not the first time the ICC has faced pressure from major powers. In 2023, the court issued an arrest warrant for Russian President Vladimir Putin over the war in Ukraine, prompting Moscow to issue its own arrest warrants for senior ICC officials, including Akane. After the Russian announcement, Akane said, "Even if one judge were to die, we are easily replaceable, so there is really no value in targeting us."
In a separate development, four human rights groups sued President Trump in a New York court over the sanctions, arguing that the measures blocked victims of war crimes from pursuing justice.