US President Sanctions International Criminal Court

New Delhi, February 07, 2025: US President Donald Trump signed an executive order Thursday imposing sanctions on the International Criminal Court (ICC), accusing it of unfairly targeting the United States and Israel.

The order places financial and visa restrictions on individuals and their families who assist in ICC investigations of American citizens or U.S. allies.

Trump signed the order while Israeli Prime Minister Benjamin Netanyahu was visiting Washington. The move follows the ICC’s decision last November to issue an arrest warrant for Netanyahu over alleged war crimes in Gaza. The ICC also issued a warrant for a Hamas commander.

The sanctions are seen as a response to the ICC’s actions against Israeli Prime Minister Benjamin Netanyahu and former Défense Minister Yoav Gallant.

The ICC accused them of war crimes and crimes against humanity related to Israel’s military actions in Gaza following Hamas' attack on October 7, 2023. The court also issued arrest warrants for top Hamas leaders.

The US, which is not a member of the ICC, argues that the court is unfairly targeting Israel and making an unjust comparison between Israel’s leadership and Hamas, which it considers a terrorist group.

Earlier, former U.S President Joe Biden condemned the ICC’s decision, and both Democrats and Republicans in Congress opposed it. Last month, the US House of Representatives passed a bill to sanction the ICC, but it was blocked in the Senate.

This is not the first time the US has acted against the ICC. In 2020, President Donald Trump imposed sanctions on ICC officials when the court investigated alleged war crimes by US forces in Afghanistan. Those sanctions were later lifted by Biden.

What is ICC?

The International Criminal Court (ICC) is a global tribunal established in 2002 in Hague to prosecute individuals accused of genocide, war crimes, and crimes against humanity. It was created after the atrocities in Yugoslavia and Rwanda to ensure accountability for the worst international crimes.

The ICC has 124 member countries that have agreed to its jurisdiction. However, several major countries, including the US, Israel, China, India, Pakistan, Russia, and Turkey, are not members. Some countries, such as Israel and Russia, initially signed the treaty but later withdrew or never ratified it.

How Powerful is the ICC?

The ICC does not have its own police force and relies on member countries to arrest individuals under its jurisdiction. This means that while it can issue arrest warrants, it cannot enforce them directly. If a suspect travels to one of the 124 member countries, they could be arrested and sent to The Hague for trial. However, non-member countries like the US and Israel are not legally bound to cooperate with the ICC.

Who Else Has the ICC Sanctioned?

In recent years, the ICC has also issued an arrest warrant for Russian President Vladimir Putin, accusing him of war crimes related to the deportation of Ukrainian children. Other leaders targeted by the ICC include Sudan’s former President Omar al-Bashir, who was charged with genocide, and former Libyan leader Muammar Gaddafi, who was accused of crimes against humanity.

Why Can’t the ICC Enforce Its Orders?

Despite its mission, the ICC struggles to enforce its decisions because it lacks enforcement power. Many powerful nations, including the US, China, and Russia, refuse to recognize its authority, making it difficult to arrest high-profile figures. Even among member states, political considerations often influence whether they comply with ICC rulings.

Without the ability to enforce its own warrants, the ICC remains a court with significant symbolic power but limited practical influence, especially when facing opposition from major global players.