Trump sanctions International Criminal Court for 'illegitimate' Israel, US probes
US President Donald Trump signs a document in the Oval Office at the White House in Washington, US on Feb 4, 2025. (File photo: REUTERS/Elizabeth Frantz)
WASHINGTON: US President Donald Trump signed an executive order Thursday (Feb 6) slapping sanctions on the International Criminal Court for "baseless" investigations targeting America and its close ally Israel, the White House said.
Trump's order said the court in The Hague had "abused its power" by issuing an arrest warrant for Israeli Prime Minister Benjamin Netanyahu, who held talks with the US president on Tuesday.
The order also said the tribunal had engaged in "illegitimate and baseless actions targeting America and our close ally Israel," referring to ICC probes into alleged war crimes by US service members in Afghanistan and Israeli troops in Gaza.
The US president ordered asset freezes and travel bans against ICC officials, employees and their family members, along with anyone deemed to have helped the court's investigations.
The sanctions are a show of support after Netanyahu's visit to the White House, during which Trump unveiled a plan for the US to "take over" Gaza and move Palestinians to other Middle Eastern countries.
Neither the United States nor Israel are members of the court.
There was no immediate reaction from the ICC.
What is the International Criminal Court?
WHEN WAS THE ICC SET UP?
The court was established in 2002 to prosecute war crimes, crimes against humanity, genocide and the crime of aggression when member states are unwilling or unable to do so themselves. It can prosecute crimes committed by nationals of member states or on the territory of member states by other actors. It has 125 member states. The court's budget for 2025 is about 195 million euros (US$202 million).
WHAT IS THE ICC INVESTIGATING?
The ICC is conducting investigations from the Palestinian territories to Ukraine and African states such as Uganda, the Democratic Republic of Congo and Kenya to Venezuela in Latin America and Myanmar and the Philippines in Asia, according to its website. It says there have been 32 cases before the court, with some cases having more than one suspect. ICC judges have issued at least 60 arrest warrants.
HOW MANY PEOPLE HAS THE COURT CONVICTED?
ICC judges have issued 11 convictions and four acquittals. Twenty-one people have been held in the ICC detention centre in The Hague and have appeared before the court, and 31 people remain at large. Charges have been dropped against seven people due to their deaths.
Of the 11 convictions, only six have been for the court's core crimes of war crimes and crimes against humanity. The others were for crimes such as witness tampering. The six convicted men were all African militia leaders from the Democratic Republic of Congo, Mali and Uganda.
Terms ranged from nine to 30 years in prison. The maximum possible term is life imprisonment.
WHICH COUNTRIES ARE NOT MEMBERS OF THE ICC?
Although the court is supported by many United Nations members and the European Union, other countries such as the United States, China and Russia are not members, arguing the ICC could be used for politically motivated prosecutions.
Myanmar is not a member of the court, but in 2018 and 2019 judges ruled the court had jurisdiction over alleged cross-border crimes that partially took place in neighbouring ICC-member Bangladesh, such as deportation and persecution, and said prosecutors could open a formal investigation.
Israel is not a member of the court and does not recognise its jurisdiction, but the Palestinian territories were admitted as an ICC member state in 2015. This, together with a ruling by judges, means the court can look at potential war crimes carried out by Hamas fighters in Israel and by Israelis in the Gaza Strip.
The ICC issued arrest warrants on Nov 21 for Netanyahu, his former defence minister Yoav Gallant, and Hamas' military chief Mohammed Deif - whom Israel says is dead.
The warrants, approved after an application by ICC prosecutor Karim Khan in May, are for "crimes against humanity and war crimes committed from at least Oct 8, 2023 until at least May 20, 2024".
During his first term, Trump imposed financial sanctions and a visa ban on the ICC's then-prosecutor, Fatou Bensouda, and other senior officials and staff in 2020.
Describing it as a "kangaroo court", his then-administration made the move after Gambian-born Bensouda launched an investigation into allegations of war crimes against US soldiers in Afghanistan.
While his order at the time did not name Israel, Trump administration officials said they were also angered by Bensouda's opening of a probe into the situation in the Palestinian territories in 2019.
President Joe Biden lifted the sanctions soon after taking office in 2021.
Prosecutor Khan later effectively dropped the United States from the Afghan investigation and focused on the Taliban instead.
Biden strongly condemned the "outrageous" warrant against Netanyahu in November.
The US House passed a Bill last month to sanction the ICC, but Senate Democrats blocked it last week, saying the bill could backfire on US allies and firms.
But Democrats have also expressed anger at the sanctions on Netanyahu.
