Trump’s Sanctions Threaten International Criminal Court Operations

February 8, 2025

The recent executive order by US President Donald Trump has raised concerns regarding the future of the International Criminal Court (ICC). This order imposes sanctions on the ICC, which is the only permanent global tribunal for war crimes and genocide. The ICC’s role is crucial, especially as it investigates and prosecutes serious international crimes. Trump’s action comes in response to the ICC’s investigation into alleged war crimes committed by Israeli leaders during the conflict in Gaza.

What Is the International Criminal Court?

The International Criminal Court was established in 2002.
It serves as a last resort for prosecuting severe international crimes, including war crimes, crimes against humanity, genocide, and aggression.
While 125 countries are signatories to the Rome Statute, the foundational treaty of the ICC, the United States and Israel are notable exceptions.
The ICC intervenes when national jurisdictions are unable or unwilling to prosecute serious crimes.

Recent Developments at the ICC

Ukraine became the ICC’s newest member in January 2025.
The court has convicted 11 individuals since its inception.
Notable cases include Congolese warlord Thomas Lubanga, sentenced in 2012 for recruiting child soldiers.
Another conviction was that of Bosco Ntaganda, sentenced to 30 years for his role in ethnic violence in Congo.
In 2021, Dominic Ongwen was convicted for his involvement in war crimes in Uganda.

Impact of Trump’s Sanctions

Trump’s sanctions invoke emergency powers and target the ICC’s operations. The sanctions may affect the court’s chief prosecutor, Karim Khan, and others involved in the investigations against Israeli officials. These measures could halt the ICC’s functions entirely. Previous sanctions imposed by Trump on former prosecutor Fatou Bensouda limited her access to US-based financial resources.

Arrest Warrants Issued Against Israeli Leaders

The ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant in November 2024. They are accused of war crimes, including the use of starvation as a method of warfare and targeting civilians in Gaza. This marks moment as it is the first time a sitting leader of a major Western power faces such allegations from a global court.

Current Status of ICC Trials

The ICC currently lacks any ongoing trials, a first since it began operations in 2006. The court has issued 33 unsealed arrest warrants, including for high-profile figures like Russian President Vladimir Putin and Ugandan rebel leader Joseph Kony. Several verdicts are pending.

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