ICC condemns sanctions by Trump administration and pledges to continue its work

A view of the International Criminal Court in The Hague, Netherlands, June 26, 2024. (AP Photo/Peter Dejong, File)

THE HAGUE, Netherlands — The International Criminal Court on Friday called on member states to stand up against sanctions imposed by U.S. President Donald Trump, describing the move as an attempt to “harm its independent and impartial judicial work.”

The embattled court has received support in Europe from traditional allies of the U.S.

“Sanctioning the ICC threatens the court’s independence and undermines the international criminal justice system as a whole,” said European Council President António Costa, who heads the summits of the European Union’s 27 leaders. It was the toughest direct criticism by a senior EU official to a decision by Trump since his return to office last month.

The White House issued the executive order against the ICC on Thursday in response to what it called “illegitimate and baseless actions targeting America and our close ally Israel.”

Trump’s order was a response to the arrest warrant that the ICC issued last year for Israeli Prime Minister Benjamin Netanyahu over alleged war crimes in Gaza. The U.S. and Israel aren’t members of the court and don’t recognize it’s authority.

Tens of thousands of Palestinians, including children, have been killed during the Israeli military’s response to Hamas' attack on southern Israel that killed around 1,200 people in October 2023. The casualty figure of Palestinians killed is provided by Gaza’s Health Ministry, which doesn’t distinguish between fighters and civilians.

‘No one stands above international law’

The Hague-based ICC said that it “condemns” the move by the Trump administration.

“The Court stands firmly by its personnel and pledges to continue providing justice and hope to millions of innocent victims of atrocities across the world,” the court said in a statement.

“We call on our 125 States Parties, civil society and all nations of the world to stand united for justice and fundamental human rights,” it said.

Germany said it will await the impact of the U.S. sanctions, while indicating where its sympathy lies.

“Standing up for international law and for the International Criminal Court is in our own maximum security interest,” German Foreign Minister Annalena Baerbock said. The court “is one of the greatest achievements of international criminal law and is supported by more than 120 states,” she added.

“If the ICC could no longer continue its work now, that would be one of the biggest joys for (Russian President Vladimir) Putin,” Baerbock said. “In the past three years, Putin had to see that his crimes against humanity, such as the abduction of Ukrainian children, do not remain without consequences.”

She noted that Putin had been unable to travel to a BRICS summit of developing economies in South Africa and said that “no one stands above international law.”

‘Court’s work is essential’

European Commission President Ursula von der Leyen said the ICC “must be able to freely pursue the fight against global impunity. Europe will always stand for justice and the respect of international law.”

The Netherlands, which hosts the court, has also condemned Trump’s order. “The Netherlands regrets the executive order imposing sanctions on the ICC. The court’s work is essential in the fight against impunity,” Foreign Affairs Minister Caspar Veldkamp said in a statement.

People in the Dutch government say the Netherlands has been trying to assist the court in shielding itself from the fallout.

Trump’s executive order said that the U.S. would impose “tangible and significant consequences” on those responsible for the ICC’s “transgressions.” Actions may include blocking property and assets and not allowing ICC officials, employees and relatives to enter the United States.

The U.S. Treasury and State Department will determine which people and organizations will be sanctioned.

The ICC caught the wrath of the United States in November when a pretrial panel of judges issued arrest warrants for Netanyahu, his former defense minister and Hamas’ military chief, accusing them of war crimes and crimes against humanity in connection with the war in Gaza.

The warrants said that there was reason to believe that Netanyahu and Israel’s former Defense Minister Yoav Gallant used “starvation as a method of warfare” by restricting humanitarian aid and have intentionally targeted civilians in Israel’s campaign against Hamas in Gaza — charges Israeli officials deny.

Funding for staff and investigations at risk

Human rights groups have criticized the U.S. sanctions.

“Sanctions are for human rights violators, not those working to hold rights abusers to account,” Liz Evenson, international justice director at Human Rights Watch, said in a statement.

“Trump’s executive order borrows a page out of Russia’s playbook, which has sought to obstruct the court’s work through arrest warrants against its judges and prosecutor,” she added.

Court officials had been preparing for sanctions for months. In January, the court gave staff a three-month advance on their salaries, two court insiders told The Associated Press on condition of anonymity because they weren’t authorized to speak to media.

Should the U.S. sanction the court itself, it could cripple operations, leaving the institution unable to pay staff, fund investigations, or access information stored on servers in the United States.

At least two senior staff members at the court have resigned since Trump was elected in an effort to avoid sanctions.

‘ICC’s actions have no legal basis’

In an increasingly polarized Western world, Hungary stood side by side with Trump.

“The ICC has recently turned itself into a biased political tool and has discredited the entire international court system,” Foreign Minister Péter Szijjártó said. “Its decisions have also only contributed to exacerbating insecurity in already difficult parts of the world.”

Israel’s Foreign Minister Gideon Sa’ar said that “the ICC’s actions are immoral and have no legal basis.”

It is the second time that Trump has gone after the court. During his previous term in office, he imposed sanctions on former prosecutor Fatou Bensouda and one of her deputies over her investigation into crimes committed in Afghanistan. U.S. President Joe Biden lifted the sanctions when he took office in 2021.

By Molly Quell And Raf Casert