The new measures target four ICC judges.
The subsequent administration under President Joe Biden lifted the sanctions, and the ICC then “deprioritized” alleged US violations in its Afghanistan investigation in 2021.
More than 120 nations, including all EU member states, voluntarily signed up to the international treaty which established the court.
It’s a recurring theme, as EU member states are not on the same page about the ICC.
It’s up to the political will of states,” international criminal law lecturer Mathjiy Holvoet told DW earlier this year.
As the United States imposed new sanctions on judges at the International Criminal Court (ICC) on Thursday for what it describes as “illegitimate actions targeting the United States and Israel,” it was a significant case of déjà vu in The Hague. “..”.
The action is the most recent in a string of diplomatic attacks on the ICC that are purportedly intended to undermine the court’s legitimacy and operational capacity. The measure has been denounced by the ICC as “a blatant attempt to undermine the independence of an international judicial institution.”. “.
Even though the European Union (EU) has long defended the court as the “cornerstone of international justice,” the conflicting reactions of its member states to recent ICC rulings have revealed weaknesses in the primary international criminal justice mechanism and its ability to take action.
At this point, there are growing calls for the bloc to challenge US sanctions through the courts.
Why is the ICC being targeted by the US?
Four ICC judges are the focus of the new actions. Two participated in the proceedings that resulted in an arrest warrant issued by the ICC for Netanyahu, the prime minister of Israel, and other individuals for alleged crimes and crimes against humanity in Gaza. Israel disputes the claims. The other two judges on the blacklist participated in hearings that approved investigations into alleged war crimes in Afghanistan by the US military.
The United States had previously targeted Khan’s predecessor during the first term of Republican President Donald Trump due to an ICC investigation into possible war crimes in Afghanistan. After President Joe Biden’s successor administration removed the sanctions, the ICC “deprioritized” alleged US violations in its 2021 investigation into Afghanistan.
The new penalties imposed on Thursday follow those imposed in February on Karim Khan, the court’s top prosecutor. They also coincide with tumultuous times for the court, as Khan resigned last month to await the conclusion of an investigation into allegations of sexual misconduct.
In 2002, the ICC was established as a court of last resort to bring charges against key leaders and individuals for atrocities when justice cannot or will not be served in their home nations. The international treaty that created the court was voluntarily ratified by more than 120 countries, including every EU member state.
However, the US, Israel, China, and Russia are significant non-members, and Washington cites this as justification for its sanctions.
“The International Criminal Court is politicized and makes a false claim of unrestricted authority to look into, accuse, and bring charges against Americans and our allies. US Secretary of State Marco Rubio said in a statement on Thursday that the sovereignty and national security of the United States and our allies are violated by this risky assertion and misuse of power.
How will the court be affected by sanctions?
The ICC responded by stating that its efforts “offer justice and hope to millions of victims of unspeakable genocides.”. “,”.
“Assisting civilians caught in conflict is not aided by targeting those who strive for accountability. “It only gives confidence to those who think they can act without consequence,” the court continued.
As a result of the sanctions, US citizens and companies are prohibited from giving money, products, or services to the judges on the blacklist. Their US-based assets are likewise frozen.
The ramifications, however, go beyond that. The chief prosecutor for the ICC lost access to his emails and his bank accounts were frozen, according to a report published by the Associated Press last month. The report claims that these companies suspended operations for fear of being singled out by US authorities for aiding individuals on the blacklist.
According to reports, a few NGOs also ceased cooperating with the court.
Laws to block sanctions should be activated, the EU urged.
Friday, the European Union declared that it “deeply regrets” the US action and promised to keep supporting the ICC. However, some anticipate more forceful action from the EU.
The EU established what is known as its “blocking statute” in the 1990s to lessen the extraterritorial impact of US actions.
In order to keep US sanctions on Cuba from destroying European trade with the island nation, the law forbids EU companies from adhering to US sanctions that the bloc considers unlawful. Later, US sanctions on Iran were added to the laws.
The bloc’s executive is now being urged by Slovenia and Belgium to implement the same laws in opposition to the most recent US sanctions against the ICC. Beti Hohler, a Slovenian judge, is on Washington’s blacklist.
When asked if the European Commission would grant Slovenia’s request on Friday, spokesperson Olof Gill responded to reporters, saying: “At this time, we can only carefully consider the implications before making any decisions. “.
While the European Commission will decide whether, how, and when to extend the blocking statute, Brussels will probably be considering the possible political repercussions and whether the EU capitals are united enough to support the move.
At the ICC, an existential crisis?
EU member states’ disagreements over the ICC are a recurrent theme.
Although the bloc is frequently portrayed by the central government in Brussels as the court’s strongest supporter, the actions of EU nations reveal a more nuanced picture, one that contributes to the growing perception that the court’s future is uncertain.
The ICC does not have a police force, in contrast to national courts. It depends on members to turn over suspects who enter their territory instead.
It is well known that the ICC is a giant without arms and legs because it is unable to effectively carry out those arrest warrants. Earlier this year, Mathjiy Holvoet, a lecturer in international criminal law, told DW that it depends on the political will of states.
Italy failed to apprehend a Libyan police chief who was wanted by the ICC for alleged war crimes at the beginning of 2025. In Italy’s efforts to reduce irregular migration, Libya is viewed as an essential ally. In apparent defiance of the ICC’s arrest warrant, Hungary removed itself from the court earlier this month after giving Netanyahu the benefit of the doubt.
Other EU governments have expressed support for the ICC, but some have also said that if Netanyahu were to visit their nation, he would not be arrested. Germany’s chancellor stated in February that he would “find ways” to permit Netanyahu to visit Berlin, and France has suggested that the Israeli prime minister has immunity because Israel is not a member of the ICC.
Maren Sass was the editor.
