US President Donald Trump has slapped sanctions on the Worldwide Felony Court docket (ICC), accusing the physique of attacking Israel and the USA.
In an government order issued late on Thursday, Trump referred to as the courtroom “illegitimate” and positioned monetary and US visa restrictions on ICC employees and anybody aiding ICC investigations in opposition to the US and its allies.
Trump stated arrest warrants issued by the ICC in November for Israeli Prime Minister Benjamin Netanyahu and his former defence minister Yoav Gallant, accusing them of conflict crimes in Gaza, have been “baseless”. Nonetheless, analysts have described his order for sanctions as “an assault on the rule of legislation”.
Here’s what we all know to this point:
What does the chief order say?
Trump’s executive order claimed the ICC has “abused its energy” by issuing arrest warrants for Netanyahu and Gallant and acknowledged that The Hague-based courtroom has taken “illegitimate” actions in opposition to the US and its “shut ally” Israel.
Trump’s order, which coincides with Netanyahu’s visit to the US, authorises sanctions and restrictions reminiscent of asset freezes and journey bans in opposition to ICC officers seeking to prosecute Americans and “allies”.
The White Home outlined Israel as “a democratic state whose navy strictly adheres to the legal guidelines of conflict”.
“The actions taken by the Worldwide Felony Court docket in opposition to Israel and the USA set a harmful precedent,” it continued, accusing the ICC of “malign behaviour that threatens to violate American sovereignty and undermine nationwide safety and international coverage”.
Neither the US nor Israel are signatories to the Rome Statute, the treaty that established the ICC in 2002.
How did the earlier US administration reply to the arrest warrants?
In November, then-US President Joe Biden referred to as the ICC’s arrest warrant for Netanyahu “outrageous”.
Apart from the warrants for Netanyahu and Gallant, the ICC additionally issued an arrest warrant for Hamas navy commander Mohammed al-Masri, generally known as Mohammed Deif, “for alleged crimes in opposition to humanity and conflict crimes dedicated” in Israel on October 7, 2023 when Hamas led assaults on military outposts and villages in southern Israel during which 1,139 individuals have been killed and greater than 200 have been taken captive into Gaza.
In an announcement, Biden stated: “Regardless of the ICC would possibly suggest, there isn’t any equivalence – none – between Israel and Hamas. We’ll at all times stand with Israel in opposition to threats to its safety.”
Israel stated it killed Deif in July in southern Gaza. Hamas confirmed his loss of life final week. The ICC indicted him together with two different Hamas leaders, Yahya Sinwar and Ismail Haniyeh – each of whom have additionally been killed.
On January 9, the US Home of Representatives handed laws that might sanction the ICC in a 243-140 vote.
“America is passing this legislation as a result of a kangaroo courtroom is in search of to arrest the prime minister of our nice ally Israel,” Consultant Brian Mast, the Republican chairman of the Home International Affairs Committee, stated in a speech earlier than the vote.
The one legislators who didn’t help the invoice have been Democrats. however 45 members of the celebration voted for it. On January 28, the US Senate blocked the legislation.
How will the sanctions work?
Sanctioned people could also be denied entry into the US. They may even have their US belongings frozen and be denied monetary dealings with “US individuals” and entities, together with banks. Entities outdoors the US may additionally lose entry to the US monetary system in the event that they violate sanctions.
Sanctions violations may end up in fines and imprisonment.
Trump’s government order targets ICC employees answerable for the courtroom’s “transgressions”. Sanctions may also be utilized to employees members of the family in addition to these aiding with ICC investigations.
The names of people focused by the sanctions haven’t been launched. However previous sanctions in opposition to the ICC – issued in 2020 throughout Trump’s first time period – have been aimed on the chief prosecutor and an aide who ran an ICC investigation into alleged conflict crimes by US troopers in Afghanistan.
Will sanctions stifle ICC investigations into Israeli conflict crimes?
Inserting ICC officers below sanctions may hinder ongoing investigations by making it harder for them to journey and entry funds. Trump’s actions additionally danger discrediting worldwide efforts to deliver conflict criminals to justice.
Yossi Mekelberg, a professor and Israel analyst at London-based Chatham Home, advised Al Jazeera: “That is an try and intimidate the ICC as an organisation and people who work for it.” He added that the chief order may “scare individuals from cooperating with the ICC”.
Saul Takahashi, a professor of worldwide human rights legislation at Osaka Jogakuin College in Japan, advised Al Jazeera the oblique implications of Trump’s transfer “might be very severe”.
“The chief order talks about not solely sanctioning precise employees members of the ICC … but in addition individuals who cooperate with the ICC within the investigation into Israeli officers,” he stated. “We’re speaking about human rights activists, victims, and so on. These sort of individuals could also be shut out of the US or face penalties.”
Neve Gordon, professor of legislation at Queen Mary College of London and a board member of the Worldwide State Crime Initiative, stated he doesn’t anticipate the ICC’s “extraordinarily brave” employees to backtrack from their investigations.
Gordon advised Al Jazeera: “Given their [ICC staff members’] historical past of resistance and their willingness to face up and converse fact to energy with the intention to uphold the legislation regardless of years of strain, I doubt that this government order will make them bow down.”
Will this order hamper the functioning of the ICC?
In an announcement printed on Friday, the ICC stated Trump’s government order seeks to “hurt its impartial and neutral judicial work” however pledged to “proceed offering justice and hope to tens of millions of harmless victims of atrocities the world over”.
“We name on our 125 States Events, civil society and all nations of the world to face united for justice and basic human rights,” it added.
Worldwide monetary establishments may chorus from working with the courtroom because of the sanctions.
“The stakes couldn’t be greater,” Gordon stated. “Though the sanctions are aimed on the ICC and its impartial and neutral judicial work, they really represent a direct assault on the post-World Struggle II worldwide authorized order.
“By concentrating on the one worldwide authorized establishment that has enforcement capability regarding the post-World Struggle II worldwide authorized regime, the chief order in impact undermines worldwide humanitarian legislation, together with 1949 4 Geneva Conventions, the 1951 Genocide Conference and a sequence of worldwide conventions regarding legal guidelines of conflict and human rights.
“It’s an assault on the rule of legislation.”
Mekelberg stated Trump’s transfer sends a “chilling message to different worldwide organs that in the event that they don’t adjust to the US, they may endure”.
Nonetheless, Takahashi stated the direct influence of US sanctions on the ICC would most certainly be “restricted”.
The courtroom “is just not in the USA. It’s in The Hague within the Netherlands”, Takahashi advised Al Jazeera, including that solely ICC employees with US belongings have been in danger.
What have the reactions to the order been to this point?
Trump’s government order has provoked expressions of alarm from around the globe. European Council President Antonio Costa stated the sanctions “undermine the worldwide felony justice system as a complete”.
Sanctioning the ICC threatens the Court docket’s independence and undermines the worldwide felony justice system as a complete. https://t.co/zk0lsnB1p0
— António Costa (@eucopresident) February 7, 2025
The Netherlands stated it “regrets” the order, declaring that the courtroom’s work is “important within the combat in opposition to impunity”. Amnesty Worldwide labelled the transfer “reckless”.
For his half, Israel’s prime minister applauded Trump’s transfer. On X, Netanyahu posted: “Thanks, President Trump, to your daring ICC government order. It can defend America and Israel from the anti-American and antisemitic corrupt courtroom.”
Prime Minister Benjamin Netanyahu:
Thanks, President Trump, to your daring ICC Government Order. It can defend America and Israel from the anti-American and antisemetic corrupt courtroom that has no jurisdiction or foundation to have interaction in lawfare in opposition to us.— Prime Minister of Israel (@IsraeliPM) February 7, 2025
In the meantime, Israeli International Minister Gideon Saar said he “strongly” counseled Trump’s government order.
“The ICC aggressively pursues the elected leaders of Israel, the one democracy within the Center East,” Saar wrote on X. “The ICC has no jurisdiction – Israel and the US should not events to the Rome Statute and should not members of the ICC. They’re thriving democracies with militaries strictly adhering to worldwide legislation.”
