U.S. Executive Order Targets ICC Amid Arrest Warrant for Israeli Prime Minister Benjamin Netanyahu
President Donald Trump has signed an executive order imposing sanctions on the International Criminal Court (ICC) over its investigations into Israel, a key U.S. ally. The move comes as the ICC pursues an arrest warrant for Israeli Prime Minister Benjamin Netanyahu for alleged war crimes related to Israel’s military response in Gaza following the Hamas attack in October 2023. The conflict has resulted in tens of thousands of Palestinian casualties, including children.
The executive order accuses the ICC of “illegitimate and baseless actions targeting America and our close ally Israel” and criticizes the court for issuing “baseless arrest warrants” against Netanyahu and former Israeli Defense Minister Yoav Gallant. The order asserts that the ICC “has no jurisdiction over the United States or Israel” and warns that its actions set a “dangerous precedent.”
The sanctions, announced during Netanyahu’s visit to Washington, include blocking property and assets of ICC officials and restricting their entry into the United States. The order also threatens “tangible and significant consequences” for those involved in the ICC’s investigations.
Human rights organizations have condemned the sanctions, arguing that they undermine global accountability and justice. Charlie Hogle, staff attorney with the American Civil Liberties Union’s National Security Project, stated, “Victims of human rights abuses around the world turn to the ICC when they have nowhere else to go. President Trump’s executive order will make it harder for them to find justice.”
Sarah Yager, Washington director of Human Rights Watch, echoed these concerns, calling the order “an attack on both accountability and free speech.” Meanwhile, some European nations, including the Netherlands, have urged ICC member states to cooperate in mitigating the impact of U.S. sanctions to ensure the court can continue its work.
The United States has long been skeptical of the ICC, fearing that its unelected judges could target U.S. officials. Although the U.S. participated in negotiations that led to the Rome Statute—the treaty that established the ICC—it voted against the statute in 1998. While President Bill Clinton signed the treaty in 2000, it was never ratified by the U.S. Senate. President George W. Bush later withdrew U.S. support and pressured other nations to sign bilateral agreements preventing the extradition of Americans to the ICC.
In recent years, U.S. engagement with the ICC has fluctuated. Under President Joe Biden, the U.S. lifted sanctions imposed on ICC officials by the Trump administration and began limited cooperation with the court, particularly after ICC Chief Prosecutor Karim Khan charged Russian President Vladimir Putin with war crimes in Ukraine. However, the ICC’s actions against Israel have reignited tensions, with Trump’s administration and Republican lawmakers like Senator Lindsey Graham (R-S.C.) accusing the court of bias and overreach.
The executive order was signed during Netanyahu’s visit to Washington, where he met with Trump at the White House and held discussions with lawmakers on Capitol Hill. Netanyahu’s trip underscores the close alliance between the U.S. and Israel, even as the ICC’s investigations continue to draw international scrutiny.
The sanctions could severely hinder the ICC’s ability to function by restricting travel for its investigators and compromising access to U.S.-developed technology used to safeguard evidence. The court is still recovering from a major cyberattack in 2024 that disrupted its operations for weeks.
As the U.S. and Israel remain steadfast in their opposition to the ICC, the court’s future remains uncertain. While some nations advocate for continued cooperation with the ICC, others, including the U.S., are doubling down on efforts to curtail its influence. The ongoing conflict in Gaza and the ICC’s pursuit of accountability for alleged war crimes ensure that this issue will remain at the forefront of international diplomacy.