Story by: Jerry huang
On February 6, 2025, President Donald Trump issued an executive order imposing sanctions on the international Criminal Court (ICC). In the executive order president Donald Trump expressed strong opposition to the International Criminal Court (ICC). Trump declared that the United States would unequivocally resist any actions by the court targeting the U.S or its allies. His stance marked a new low in the U.S-ICC relations. Trump has also made it clear that the United States can impose tangible and significant consequences on those responsible for the ICC’s transgression. As President Trump states in the article “Imposing Sanctions on the International Criminal Court,” states that “any effort by the ICC to investigate, arrest, detain, or prosecute protected persons, as defined in section 8(d) of this order, constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States.” The “protected persons” defined in section 8(d) of the order include U.S. nationals as well as all members of the U.S armed forces both former and current.
The sanctions imposed under the executive order specifically targets Karim Khan, the chief Prosecutor of the International Criminal Court (ICC), and authorize similar measures against other individuals involved in the ICC efforts to investigate, arrest and detain “protected persons” without their country’s consent. The key sanction also includes the freezing of assets belonging to the chief prosecutor. The policy aims to deter ICC actions against U.S. jurisdiction and allies while asserting the U.S sovereignty over legal matters.
The protection of U.S personnel described in Trump’s executive order may be related to concerns about past and ongoing investigations of U.S. military personnel for alleged war crimes. While the executive order does not explicitly state this as its intent, some of the provisions within the executive order could be interpreted as efforts to limit the jurisdiction of the International Criminal Court (ICC) over U.S. military members and officials.
The international Criminal Court (ICC) has maintained its operations despite the executive order, reaffirming its commitment to upholding international law and delivering justice. As stated in by the ICC on February 7th, the ICC states, it “stands firmly by its personnel and pledges to continue providing justice and hope to millions of innocent victims of atrocities across the world, in all Situations before it.”
The Netherlands continues its support for the court and its mission. The Netherlands has been a strong supporter of the ICC since its inception, playing a crucial role in the creation of the court. It is also the host country of the ICC’s headquarters.
In the co-authored article “Trump Signs Order Imposing Sanctions on International Criminal Court Over Investigations of Israel” by Joshua Goodman and Darlene Superville, they state that “Human rights activists said sanctioning court officials would have a chilling effect and run counter to U.S. interests in other conflict zones where the court is investigating.” sanctioning ICC officials seen in the executive order could weaken the court’s ability to function independently and deter future investigations. ICC officials will have a more difficult time pursuing investigations into war crimes and human rights abuses fearing retaliation from the United states.
“The financial restrictions it will impose undermine the ICC and its investigations into war crimes and crimes against humanity across the world, including those committed against women and children,”
The relationship between the International Criminal Court and the United States significant point of contention has been the ICC’s investigation into alleged war crimes involving U.S military personnel.
It is unclear what the future will hold for the U.S. and the ICC’s relationship.