The International Criminal Court (ICC) was established in 2002 as a last resort for prosecuting serious international crimes, including:

  • War crimes
  • Genocide
  • Crimes against humanity
  • Crimes of aggression

While 125 countries have signed the Rome Statute, which governs the court, the United States and Israel are not members. The ICC steps in when nations fail to prosecute crimes within their territories.

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Why Did Trump Sanction the ICC?

On Thursday, former U.S. President Donald Trump signed an executive order sanctioning the ICC. The move follows the ICC’s issuance of an arrest warrant for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant over alleged war crimes in Gaza. The order accuses the court of “illegitimate and baseless actions” targeting the U.S. and Israel.

In response, the Hague-based ICC strongly condemned the sanctions, stating:

“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.”

Who Has the ICC Convicted?

The ICC has issued 33 arrest warrants and convicted 11 individuals since its establishment. Some notable cases include:

  • Thomas Lubanga (Congo) – Sentenced to 14 years for recruiting child soldiers.
  • Bosco Ntaganda (Congo) – Dubbed “The Terminator,” sentenced to 30 years for war crimes.
  • Dominic Ongwen (Uganda) – Former child soldier turned rebel commander, convicted for war crimes.

Impact of Trump’s Sanctions on ICC Investigations

Trump’s sanctions could significantly affect the court’s operations by:

  1. Targeting key officials – ICC prosecutor Karim Khan and judges involved in the Netanyahu case could face financial restrictions.
  2. Freezing financial assets – U.S.-based funds linked to the ICC may be blocked, hampering investigations.
  3. Restricting travel – ICC officials and their families may be banned from entering the U.S.

During his previous term, Trump imposed similar sanctions on former ICC prosecutor Fatou Bensouda over her Afghanistan war crimes investigation, which included alleged offenses by the Taliban, American troops, and intelligence operatives. President Joe Biden later lifted these sanctions in 2021.

Why Did ICC Issue an Arrest Warrant for Netanyahu?

The ICC’s November 2023 arrest warrant for Netanyahu and Gallant cites:

  • War crimes and crimes against humanity during Israel’s war in Gaza.
  • Using starvation as a method of warfare by restricting humanitarian aid.
  • Intentionally targeting civilians in Israeli military operations.

Israel has denied the allegations, calling the court’s actions politically motivated.

Do These Sanctions Affect Ongoing Trials?

Currently, the ICC is not conducting any active trials for the first time since its founding. However, several key cases are pending:

  • Patrice-Edouard Ngaïssona & Alfred Yekatom (Central African Republic) – Accused of war crimes.
  • Ali Mohammed Ali Abdul Rahman (Sudan) – Former Janjaweed leader accused of mass atrocities.
  • Ossama Anjiem (Libya) – Recently detained in Italy but later released.

The sanctions could further hinder future proceedings, potentially allowing war criminals to evade justice.