The US announces new sanctions on ICC members after the court issued arrest warrants for Israeli leaders over alleged war crimes committed in Gaza.
US Secretary of State Marco Rubio said in a statement on Wednesday that the Trump administration was adding two judges and two prosecutors to a list of ICC members that have been sanctioned.
“The Court is a national security threat that has been an instrument for lawfare against the United States and our close ally Israel,”
Rubio said in a statement.
For alleged war crimes and crimes against humanity, the ICC has previously issued arrest warrants for former Defense Minister Yoav Gallant and Israeli Prime Minister Benjamin Netanyahu.
The court said it would continue its work "without regard to any restriction, pressure, or threat" after the US State Department announced the expanded US sanctions, calling them a "flagrant attack against the independence of an impartial judicial institution" and the victims of war crimes worldwide.
Rubio's action was hailed by Netanyahu as a "decisive act against a smear campaign of lies against the State of Israel," however.
Canada's Kimberly Prost, France's Nicolas Guillou, Fiji's Nazhat Shameem Khan, and Senegal's Mame Mandiaye Niang are the targets of the new sanctions.
Khan and Niang are the two deputy prosecutors for the ICC, while Guillou is a judge who presided over a pre-trial tribunal that issued the arrest order for Netanyahu. All three were involved in the issuance and enforcement of the Israeli arrest warrants, according to the US Department of State.
After strong opposition from the US, the ICC stated that it will give abuses by the Taliban and ISIL (ISIS) priority in its probe into potential war crimes committed by US forces in Afghanistan.
Although the US has long opposed the ICC and has objected to the idea that its own officials might one day be prosecuted for alleged war crimes, prior administrations have refrained from taking drastic measures like imposing sanctions.
The Trump administration's initial wave of sanctions earlier this year that targeted a number of ICC officials were widely criticized for violating international law in order to shield a close ally. Those officials were charged by the US with participating in "illegitimate and baseless actions" against the US and Israel.
“Their role is essential in the fight against impunity,”
a statement from the French Foreign Ministry said.
The US sanctions undermine the foundation of international justice, UN spokesperson Stephane Dujarric said, adding:
“The decision imposes severe impediments on the functioning of the office of the prosecutor.”
What are the legal implications of US sanctions on ICC officials?
The sanctions block any U.S. assets held by designated ICC officials and prohibit their entry into the United States. This also extends to their immediate family members, limiting their international mobility.
The U.S. Executive Order authorizing the sanctions has broad scope, potentially targeting not only ICC officials but also organizations, scholars, researchers, financial institutions, and others globally who cooperate with the ICC. This can create a chilling effect on international cooperation.
The sanctions are viewed as political interference that undermines the independence of the ICC by intimidating judges and prosecutors involved in investigations deemed sensitive by the U.S., such as those related to Israel and U.S. personnel.