ICC Judges Maintain Resolve Amidst Persistent US Sanctions Over Israel War Crimes Probes

US Sanctions Target ICC Officials

Judges and officials of the International Criminal Court (ICC) are reportedly maintaining their steadfastness in the face of ongoing sanctions imposed by the United States. These punitive measures, initiated by the Trump administration, are a direct consequence of the ICC's investigations into alleged war crimes by Israeli officials in the Palestinian territories and by US personnel in Afghanistan. The sanctions, authorized under Executive Order 14203, include blocking property and assets, and banning entry into the US for sanctioned individuals and their families.

Among those affected are ICC Prosecutor Karim Khan and several judges, including Canadian judge Kimberly Prost. Sanctioned individuals have reported significant personal and professional disruptions, such as losing access to credit cards, bank accounts, and online services. Despite these challenges, officials have expressed their resolve to continue their judicial work.

Investigations into Alleged War Crimes

The sanctions stem from the ICC's pursuit of justice in two key areas:

• Situation in Palestine: The State of Palestine joined the ICC in 2015. In March 2021, then-ICC Prosecutor Fatou Bensouda opened an investigation into alleged war crimes in the Palestinian territories, covering events since June 2014. This includes the 2014 Gaza War, Israeli settlement policy, and the 2018 Gaza border protests. More recently, in November 2024, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Israeli Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity in Gaza. Warrants were also issued for three Hamas officials.
• Afghanistan Probe: The ICC has also investigated alleged war crimes committed by US troops in Afghanistan.

The United States and Israel are not signatories to the Rome Statute, the treaty that established the ICC, and therefore do not recognize the court's jurisdiction over their citizens. They argue that the ICC's actions infringe upon their national sovereignty.

ICC's Unwavering Stance and International Support

The ICC has consistently condemned the US sanctions, asserting that they aim to 'harm its independent and impartial judicial work'. The court has pledged to continue its mission of providing justice to victims of atrocities worldwide. The Assembly of States Parties (ASP), the ICC's oversight body, has also voiced 'grave concern' over threats and coercive measures targeting the court, reaffirming its commitment to upholding the integrity of the Rome Statute.

While the Biden administration initially rescinded some Trump-era sanctions in April 2021, deeming them an ineffective strategy, recent statements from Secretary of State Antony Blinken indicate a willingness to explore new sanctions with Congress following the request for arrest warrants against Israeli leaders. In response to potential further US sanctions, the Netherlands, as the host country of the ICC, is reportedly developing contingency plans to safeguard the court's operations, including transitioning essential services to non-American providers.