Quote from Lawyer on August 21, 2025, 10:03 am

The International Criminal Court (ICC) has issued a strong rebuke against the United States following the imposition of new sanctions on two of its judges and two prosecutors, labeling the measures a "flagrant attack" on its independence and impartiality. The sanctions, announced by the US State Department on August 20, 2025, target ICC officials involved in investigations and prosecutions related to alleged war crimes and crimes against humanity committed by US and Israeli nationals.

US Secretary of State Marco Rubio justified the sanctions, accusing the ICC of being a "national security threat" and an "instrument of lawfare" against the United States and its ally, Israel. Rubio specifically condemned the court for what he described as its "politicization, abuse of power, and illegitimate judicial overreach." The sanctions freeze any US-based assets of the targeted individuals and bar them from accessing or benefiting from any property or interests they may hold in the United States.

The ICC officials named in this latest round of sanctions are Judge Kimberly Prost of Canada, Judge Nicolas Guillou of France, and Deputy Prosecutors Nazhat Shameem Khan of Fiji and Mame Mandiaye Niang of Senegal. According to the US State Department, Prost was sanctioned for her role in authorizing an ICC investigation into alleged war crimes by US personnel in Afghanistan, an investigation that was later deprioritized to focus on actions by the Taliban and Afghan government forces. Guillou faced sanctions for presiding over a pre-trial panel that issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant in November 2024, related to Israel's military operations in Gaza. Khan and Niang were targeted for their roles in supporting actions against Israel.

The ICC, based in The Hague, Netherlands, is the world's first permanent international tribunal with the authority to prosecute individuals for genocide, crimes against humanity, war crimes, and crimes of aggression. The court operates under the mandate of 125 member states, known as States Parties, and seeks to deliver justice for victims of atrocities worldwide while adhering to the principles of the Rome Statute. The ICC emphasized that these sanctions not only undermine its judicial independence but also constitute an affront to its member states, the rules-based international order, and the millions of victims who rely on the court for justice.

This escalation follows earlier US sanctions imposed in February 2025 on ICC Chief Prosecutor Karim Khan and four other judges: Solomy Balungi Bossa of Uganda, Luz del Carmen Ibáñez Carranza of Peru, Reine Adelaide Sophie Alapini Gansou of Benin, and Beti Hohler of Slovenia. Those measures, enacted via Executive Order 14203 signed by President Donald Trump, were in response to the ICC's issuance of arrest warrants for Netanyahu and Gallant, as well as its investigations into US personnel. The sanctions on Khan, who stepped aside in May 2025 pending a UN-led investigation into unrelated allegations of sexual misconduct, have reportedly disrupted the court's operations, with Khan losing access to his email and bank accounts.

International reactions to the sanctions have been swift and critical. France, whose judge Nicolas Guillou was among those targeted, expressed dismay, with its foreign ministry condemning the sanctions as "in contradiction to the principle of an independent judiciary." The United Nations, through spokesperson Stéphane Dujarric, voiced concern over the sanctions' impact on the ICC's ability to function, stating that they impose "severe impediments" on the prosecutor's office and undermine the foundation of international justice. UN High Commissioner for Human Rights Volker Türk called for the immediate withdrawal of the sanctions, arguing that attacks on judges for performing their duties erode respect for the rule of law and good governance.

The ICC itself issued a resolute statement, asserting that it "stands firmly behind its personnel" and remains committed to its mission of delivering justice to victims of atrocities across the globe, including in ongoing investigations in regions such as Ukraine, Sudan, Palestine, and Libya. The court called on its member states and supporters of the rule of law to provide "firm and consistent support" to counter these measures.

Israeli Prime Minister Benjamin Netanyahu, however, welcomed the US sanctions, describing them as a "firm measure against the mendacious smear campaign" against Israel and its military. The ICC's arrest warrants against Netanyahu and Gallant were issued based on findings of "reasonable grounds" to believe they bore criminal responsibility for war crimes and crimes against humanity, including starvation as a method of warfare, murder, persecution, and other inhumane acts during Israel's military campaign in Gaza. Israel, which is not a member of the ICC, has rejected these allegations, as has the United States, which also does not recognize the court's jurisdiction.

The sanctions have sparked broader concerns about their chilling effect on international justice. Danya Chaikel, the International Federation for Human Rights' representative to the ICC, described the measures as a "continued attack on the rule of law" and a "blatant attempt to intimidate those pursuing accountability for atrocity crimes." She urged the ICC's 125 member states to defend the court's independence and the rights of victims. James Goldston, a former ICC prosecutor and executive director of the Open Society’s Justice Initiative, emphasized the ICC's role as a "court of last resort" for victims when other avenues for justice have failed.

The US actions are part of a broader pattern of hostility toward the ICC, dating back to the court's establishment under the Rome Statute in 2002. During President Trump's first term, the US imposed sanctions on then-ICC Prosecutor Fatou Bensouda and senior official Phakiso Mochochoko for investigating alleged US war crimes in Afghanistan. Those sanctions, which included visa restrictions and asset freezes, were later revoked by the Biden administration in 2021. However, the current sanctions, reintroduced under Trump's second term, have drawn comparisons to measures typically used against terrorist networks or human rights abusers, prompting criticism that they are being misused to target an international judicial institution.

The international community has rallied in defense of the ICC, with dozens of member states, including the UK, Germany, and France, affirming the court's role as a "vital pillar of the international justice system." In January 2025, a coalition of over 140 NGOs, alongside Amnesty International and the Coalition for the International Criminal Court, issued a joint statement opposing US efforts to undermine the ICC and urging member states to protect the court and its staff. Observers warn that the sanctions could set a dangerous precedent, potentially encouraging other nations to target the ICC, as evidenced by Russia's 2024 order for the arrest of an ICC judge in retaliation for warrants issued against Russian officials.

Legal challenges to the sanctions are also underway. In the US, lawsuits filed by ICC staff and consultants argue that the sanctions violate First Amendment rights by restricting their ability to engage with the court without fear of penalties. A recent federal court ruling granted temporary protection to one ICC lawyer, but broader relief remains pending.

As the ICC navigates these challenges, its ability to conduct investigations and deliver justice remains under strain. The court's work, which includes probes into atrocities in Sudan, Ukraine, and elsewhere, relies heavily on the cooperation of member states and the absence of external interference. Critics of the sanctions argue that they not only threaten the ICC's operations but also weaken the global framework for holding perpetrators of international crimes accountable, ultimately harming victims seeking justice.