ICC condemns US sanctions as attack on rule of law

The International Criminal Court (ICC) has hit back at US sanctions on two of its senior officials, warning that such measures "undermine the rule of law" and put the international legal order at risk. The court's statement, issued Tuesday, came after Washington imposed sanctions on ICC President Tomoko Akane of Japan and senior trial lawyer Abdoulaye Seye of Senegal.

"When judicial actors are threatened for applying the law, it is the international legal order itself that is placed at risk," the court said in a statement. It added that "measures targeting judges, prosecutors and staff who work towards the fulfilment of the mandate that was conferred to the ICC by States undermine the rule of law." The court, based in The Hague, said it remained "undeterred" and "stands firmly behind its personnel and behind victims of unimaginable atrocities."

The sanctions bar Akane and Seye from entering the United States and from carrying out transactions in the US financial system. The US is not a party to the treaty that established the ICC.

Akane: 'Not surprised' by sanctions

In her first public comments since the measures were imposed, Akane warned on Friday against "the demise of international rule of law." In a statement released on X by her publisher Bungei Shunju, she said, "The sanction against me this time was something I had anticipated to an extent, so I'm not surprised." She stressed, "The important thing is not to let this be the beginning of the demise of international rule of law."

The sanctions were imposed Tuesday as part of the Trump administration's campaign against what it calls a "corrupt and fatally politicised" body. US Secretary of State Marco Rubio said in a statement that the US was sanctioning Akane and Seye, accusing them of "directly" engaging "in efforts by the ICC to investigate, arrest, detain, or prosecute officials whose government has not consented to ICC jurisdiction."

Background: ICC investigations involving Israel

The sanctions are widely seen as a response to ICC investigations targeting Israel, a US ally. In November 2024, the court issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu relating to the war in Gaza. Neither Israel nor the US are member states of the ICC, but Palestine has been a member since 2015, allowing the court to examine crimes allegedly committed on its territory.

The ICC on Wednesday called the sanctions a "flagrant attack" on its independence, following Washington's repeated accusations of "politicised actions" and of "targeting Israel."

European support for the ICC

The sanctions have drawn expressions of support for the ICC from European leaders. Earlier this week, European Commission President Ursula von der Leyen and Council President António Costa issued statements of support for the court. Netherlands Foreign Minister Tom Berendsen said his government "disapproves" of the sanctions, and a German government spokesperson said Berlin stands by the ICC, which is "fulfilling its mandate exactly as intended."