US unveils sanctions on ICC in move court condemns as 'assault on rule of law'
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Tom Bateman,State department correspondent,
Anna Holligan,in The Hague,and
Florence Freeman
Reuters
The ICC said it would not be "deterred" by the sanctions
The Trump administration has unveiled sweeping sanctions on the International Criminal Court (ICC) in a significant acceleration of its attempt to "dismantle" what it sees as a "rogue" institution.
US Secretary of State Marco Rubio said the measures - which include a ban on US entities making transactions with the ICC - were intended to "defend US sovereignty" and accused the court of seeking to prosecute Americans.
The ICC said the measures were an assault on the rule of law and the foundations of the international legal order.
The announcement came just hours after former ICC judge Navi Pillay was awarded the 2026 Nobel Peace Prize for her efforts to promote peace and international law.
The US has already sanctioned 17 of the ICC's judges and officials, but this move sanctions the court itself as an institution and is intended to collapse its ability to operate financially.
However, the US has provided a six month grace period before some of these latest sanctions kick in, meaning member states can keep paying for its operations - a move Washington says is to allow countries time to negotiate a "solution to address" US concerns.
UN Secretary General Antonio Guterres called the US decision "a serious blow to our collective pursuit of international criminal justice, of which the ICC is a key pillar".
Reuters
Marco Rubio said that "either the ICC will end its threats, or we will end the ICC"
The UK joined Canada, Denmark, Germany, France, Italy, Japan and the Netherlands in reaffirming their "continued and unwavering support" for the ICC and said they "regret and strongly disagree with" the sanctions.
They also praised the court's staff for their work bringing "those accused of the most serious international crimes to justice", as well as supporting victims.
The ICC was founded in 2002 to prosecute war crimes, crimes against humanity and genocide, and counts 125 countries as member states. Several major countries remain outside the ICC, including the US, Russia, China, India and Israel.
The Trump administration argues the ICC is run by what it calls globalists who threaten American sovereignty.
It is furious over a past investigation into actions of US soldiers in Afghanistan the court has since closed and by its arrest warrants for Israeli officials including Prime Minister Benjamin Netanyahu. The new sanctions, however, do not say that those warrants must be withdrawn before the measures can be lifted.
But Rubio said Trump would not allow the ICC to prosecute Americans, adding: "Either the ICC will end its threats, or we will end the ICC."
The US sanctions will stop US companies from providing goods or services to the ICC, such as banking or software.
Rubio said Washington had delayed imposing the sanctions in the hope that the ICC and its member countries would address US concerns. He said the measures had been structured to allow other countries to negotiate a possible solution.
He also called on US allies that were ICC signatories, including the UK, to "rein in" the institution.
The Netherlands, which hosts the court in The Hague and is also a Nato ally of the US, faces particular pressure. Dutch Foreign Minister Tom Berendsen has said the sanctions would seriously affect the court's ability to function.
Netanyahu welcomed the sanctions, saying the ICC was "not a court" but a political body that threatened law-abiding democracies and "the very idea of national sovereignty".
Reuters
Among those awaiting trial in The Hague is Rodrigo Duterte, the former president of the Philippines
The ICC said that the sanctions were aimed at disrupting its work and intimidating those who co-operate with it - but that it "will not be deterred".
It called the measures "an assault on the rule of law" and said no one should be punished for serving the cause of justice, adding: "History will judge this moment."
This showdown potentially marks the gravest crisis in the court's 24-year history. Rather than targeting individual ICC judges and prosecutors, the US is now sanctioning the court itself.
The sanctions could ultimately see the ICC unable to try cases, meaning detainees awaiting trial or judgment could have to be released, according to Professor Ryan Goodman from the New York University School of Law.
Among those awaiting trial in The Hague is Rodrigo Duterte, the former president of the Philippines.
The 81-year-old is accused of the extrajudicial killing of thousands during his deadly "war on drugs" between 2011 and 2019. Others awaiting trial or with pending appeals include former senior figures accused of war crimes in Libya, Sudan and the Central African Republic.
Goodman says that as a senator, Rubio was "out front" highlighting Duterte's alleged crimes.
He told the BBC such a release would be "enormously damaging to the global effort towards international justice [and] towards the Philippines".
"[For] the victims, it just has to be incredibly traumatic because a lot of them participate in the ICC proceedings to put themselves on the line with a hope that justice will come around," adds Goodman, a former special counsel at the US Department of Defence.
Among the carve-outs announced as part of today's sanctions are "licenses" allowing the ICC to continue "services for the operation of facilities used for the detention" of Duterte and others.
However, Goodman says ultimately these detainees may have to be released "as a matter of law" if the financial sanctions mean the court cannot conduct fair trials or appeals.
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