US President Donald Trump issued an executive order on February 6 authorizing sanctions on International Criminal Court (ICC) officials and others supporting the court’s work. The ICC’s prosecutor, Karim Khan, was the first individual targeted with these sanctions.
Trump’s action was met with immediate expressions of support for the court from around the globe. Seventy-nine ICC member countries issued a statement reaffirming their “unwavering support” for the court, highlighting how sanctions could undermine the court’s mandate, and committing to ensure the court can continue its crucial work. Some countries also individually defended the court. Germany’s Foreign Minister noted that the ICC’s inability to continue its work would be one of Russian President Vladimir Putin’s “greatest joys.”
A few countries unsurprisingly took a different position. Kremlin officials reportedly welcomed the sanctions, while Israeli Prime Minister Benjamin Netanyahu thanked Trump for taking the step.
The ICC is currently investigating serious crimes in Ukraine and Palestine that implicate Russian and Israeli officials respectively. The court’s prosecutor also has ongoing investigations related to Afghanistan, Myanmar, Sudan, Libya, and Venezuela, among other countries.
United Nations officials and human rights experts, as well as the European Union Commission and European Councilpresidents, spoke out in support of the court. Likewise, civil society groups around the world denounced Trump’s executive order.
The ICC itself responded swiftly, condemning the sanctions and declaring that it stood firmly by its prosecutor and staff, and pledged to continue its work.
While the pushback against the sanctions is an important endorsement of global justice, more needs to be done. A number of ICC member countries, including Australia, Japan, and EU members Italy, Czechia, and Hungary, did not sign the joint statement. Hungary even signaled that it may reassess its ICC membership. All ICC members that have not yet spoken out for the court should still do so. The EU High Representative’s silence to date has been deafening, particularly in light of her predecessor’s quick reaction to the 2020 ICC sanctions during Trump’s first term.
ICC members should also act to safeguard the ICC’s vital mandate. This includes putting in place measures to mitigate the effects of the sanctions on the court and its operations. Countries’ words need to be backed by action. Justice for victims of grave abuses now and in the future depends on it.
