US sanctions ICC officials in escalating dispute

The Trump administration on Tuesday announced sanctions against two senior officials of the International Criminal Court (ICC): President Tomoko Akane, a Japanese national, and senior trial lawyer Abdoulaye Seye from Senegal. The measures, announced by U.S. Secretary of State Marco Rubio, bar the two from entering the United States and from conducting transactions in the U.S. financial system, and they also freeze any U.S. assets they may hold.

Rubio said the two individuals "directly engaged in efforts by the ICC to investigate, arrest, detain, or prosecute officials whose government has not consented to ICC jurisdiction." On X, he described the move as part of Washington's "unwavering mission to protect Americans from this sham of a court." The State Department declared that "The Trump Administration has been clear: The International Criminal Court is a corrupt and fatally politicized supranational court that has maliciously abused its authority and exceeded its mandate."

The sanctions were imposed under an executive order signed by President Trump, with The Hindu reporting that they are pursuant to Executive Order 14203 issued on February 6, 2025. That order cited the ICC's investigations against and arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant.

This is not the first time Washington has targeted the ICC. According to Africa News, the Trump administration had previously sanctioned nine of the court's 18 judges, both deputy prosecutors, the former chief prosecutor, and one other prosecution office staffer. Last year, the U.S. imposed sanctions on several ICC officials after the court issued arrest warrants for Netanyahu and then-Defence Minister Yoav Gallant over the war in Gaza. The Biden administration had rejected that move, expressing concerns over "troubling process errors," The Hindu reported.

Rubio has also said the U.S. will sanction organisations that work with the ICC, pressure the court's 125 member states to withdraw, and ban ICC staff from travelling to the U.S.

ICC's response and legal standing

The ICC called the sanctions "a flagrant attack against the independence of an impartial judicial institution," as quoted by The Hindu, while Africa News reported the ICC's statement that when "judicial actors are threatened for applying the law, it is the international legal order itself that is placed at risk." The court said measures targeting judges, prosecutors and staff undermine the rule of law, and it remains "undeterred," standing behind all its staff, according to Deutsche Welle.

In a direct quote carried by Africa News, ICC President Akane said: "We will never give up, and the court took ten measures to prepare itself against the sanctions and limit as much as possible the effect of sanctions on its activities."

The Hague-based court, established in 2002, prosecutes war crimes, genocide, and crimes against humanity. It operates on the basis of the Rome Statute, adopted in 1998 and in force since 2002, with 137 signatories and 125 member states. The U.S. and Israel are signatories but have never ratified the treaty, so they are not members. India, China, and Russia also have not joined.

The court's jurisdiction extends to crimes committed on the territory of member states or by their nationals, and it may step in when national courts are unable or unwilling to pursue prosecutions. Rubio said the court has made "multiple attempts" to assert authority over U.S. nationals and nationals of countries outside its jurisdiction, setting a dangerous precedent.

International reaction

The sanctions have drawn criticism from several quarters. A spokesman for UN Secretary-General Antonio Guterres said he was "seriously concerned," with the ICC being described as "key pillar" of international criminal justice, as reported by The Hindu. UN High Commissioner for Human Rights Volker Türk called the sanctions unacceptable The Hindu reported, demanding they be lifted. European Commission chief Ursula von der Leyen said the court "must be able to act independently and without external pressure," while Germany's Foreign Ministry said the court's independence was "of central importance." Dutch Foreign Minister Tom Berendsen invited Akane for talks to discuss continued support.

Japan, the ICC's host country in terms of its closest ally, faces a diplomatic dilemma. Prime Minister Sanae Takaichi described the sanctions as "deeply regrettable" and said Japan would "continue to communicate closely with the United States and other countries involved". The Foreign Ministry called the measures "very unfortunate," stressing Japan's consistent support for the ICC's mission. Japan has endorsed the ICC as a pillar of the rules-based order, but its response has been less forceful than that of the EU.

Escalating campaign

Rubio argued that the ICC poses a threat to US personnel carrying out Trump's hardline immigration policies or "drug interdiction" strikes, as reported by Deutsche Welle, but the separate documents also indicate that Washington's actions are sparked by the court's investigations against Israel, a U.S. ally. The 2024 warrant against Netanyahu over the Gaza war has been a capitulation point.

The Trump administration has been escalating its pressure campaign over the past year, last month announcing plans to step up efforts to weaken the ICC, including a diplomatic push for other countries to withdraw. Venezuela and Chad have already pulled out this year, adding to withdrawals by Mali, Burkina Faso, and Niger, bringing the total to five in the last year.

In a related development, three ICC judges sued the Trump administration in June, and four human rights groups followed last week, both in response to earlier sanctions, as reported by Deutsche Welle. The sanctions against Akane and Seye are the latest in the series and were met with defiance and with support from many countries.

Netanyahu, meanwhile, welcomed the sanctions and called the ICC a "kangaroo court," The Hindu reported.

Tomoko Akane, the Japanese judge who has served at the ICC since 2018 and was elected president in 2024, has faced threats before. After Russia issued its own arrest warrants against senior ICC officials, she said: "Even if one judge were to die, we are easily replaceable, so there is really no value in targeting us."