In response to the International Criminal Court's (ICC) investigations into Israel, which the U.S. views as unfairly targeting both the U.S. and its allies, former U.S. President Donald Trump signed an executive order imposing sanctions on the ICC. Signed on Thursday, the order levies financial and visa restrictions on individuals and their family members who assist the ICC in investigations of American citizens or allies.

 

The executive action occurred while Israeli Prime Minister Benjamin Netanyahu was visiting Washington. The sanctions follow the ICC's November decision to issue an arrest warrant for Netanyahu regarding alleged war crimes in Gaza, as well as a warrant for a Hamas commander. The ICC has accused Netanyahu and former Defense Minister Yoav Gallant of war crimes and crimes against humanity for actions during Israel's military operations in Gaza after the Hamas attack in October 2023; warrants were also issued for top Hamas leaders.

 

The U.S. asserts that the ICC's actions set a "dangerous precedent" and that the court has no jurisdiction over the U.S. or Israel, neither of which are members of the ICC. The U.S. also argues that the ICC is drawing a "shameful moral equivalency" between Israel and Hamas.

 

The executive order was condemned by many Democrats who believed that the proposed legislation was excessively broad and could impact various court personnel as well as American businesses collaborating with it. In December, ICC President Judge Tomoko Akane cautioned that sanctions would severely compromise the court’s operations and potentially threaten its existence.

 

Notably, this isn't the first instance of the U.S. taking action against the ICC, as in 2020, the Trump administration sanctioned ICC officials for investigating alleged war crimes by American troops in Afghanistan; these sanctions were later reversed by the Biden Administration.