US President Donald Trump signed an executive order Feb. 6 sanctioning the International Criminal Court (ICC) for issuing warrants for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant. The order imposes significant sanctions on ICC officials and their immediate families, including the blocking of property and assets and suspension of entry into the United States. The order asserts that the ICC has improperly claimed jurisdiction over the US and Israel, and that the ICC's actions endanger US personnel and threaten US sovereignty and national security.

The order cites Section 9 of the American Servicemembers Protection Act of 2002, which states that "members of the Armed Forces of the United States [and] senior officials of the United States Government should be free from the risk of prosecution by the International Criminal Court, especially with respect to official actions taken by them to protect the national interests of the United States."

Liz Evenson, international justice director at Human Rights Watch, reacted to the order in a statement: "Trump's executive order on the International Criminal Court effectively puts the United States on the side of war criminals at the expense of victims of grave crimes seeking justice… ICC member countries should publicly and forcefully support the court for doing the job it was set up to do: ensuring no one is above the law."

In November 2024, the ICC issued arrest warrants for Netanyahu and Gallant for alleged war crimes and crimes against humanity in Gaza. The US and Israel disputed the court's jurisdiction, as they are not member states of the Rome Statute. However, the ICC rejected that argument, reasoning that Palestine's territorial jurisdiction provided a sufficient basis for the court's authority. In December, 93 of the 125 ICC member states declared their "unwavering support" for the court to enforce its mandate.

This executive order closely follows Trump’s order withdrawing the US from the UN Human Rights Council and Israel's subsequent withdrawal from the Council.

From JURIST, Feb. 6. Used with permission.

See our last report on genocide accusations against Israel, and war crimes accusations against the US.