The Legitimacy Debate: Trump vs the ICC
21WIRE
In November 2024, the International Criminal Court (ICC) issued arrest warrants for two senior Israeli officials, Benjamin Netanyahu, the Prime Minister of Israel, and Yoav Gallant, the former Minister of Defense of Israel, alleging responsibility for the war crime of starvation as a method of warfare and the crimes against humanity of murder, persecution, and other inhumane acts during the Gaza war, which Israel denies. The ICC also targeted a Hamas commander.
In response, President Trump signed an executive order imposing sanctions on the ICC, calling its actions “illegitimate and baseless” against the U.S. and Israel. The order includes financial and visa restrictions on those involved in ICC investigations related to American citizens or allies.
Interestingly, Trump’s executive order was signed during Netanyahu’s visit to Washington.
On January 14, 2025, the Coalition for the International Criminal Court and over 140 affiliated NGOs worldwide rejected, in a joint statement, the U.S. sanctions against the ICC. They urged ICC member states to protect the court, its officials, and collaborators from actions that undermine its mission of delivering justice.
Trump’s executive order “determines 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”.
Amnesty International’s Secretary General Agnès Callamard issued a statement…
USA: Sanctions Against International Criminal Court Betray International Justice System.
In response to the executive order announced today by President Trump imposing sanctions on the International Criminal Court (ICC), Agnès Callamard, Amnesty International’s Secretary General, said.
“This reckless action sends the message that Israel is above the law and the universal principles of international justice. It suggests that President Trump endorses the Israeli government’s crimes and is embracing impunity.
“Today’s executive order is vindictive. It is aggressive. It is a brutal step that seeks to undermine and destroy what the international community has painstakingly constructed over decades, if not centuries: global rules that are applicable to everyone and aim to deliver justice for all. The sanctions constitute another betrayal of our common humanity.
“The United States is ready to punish an institution that ensures the individuals most responsible for committing atrocities cannot escape justice. No one responsible for crimes under international law should be protected or aided in their attempts to escape individual accountability, least of all with the assistance of the U.S. government based on President Trump’s political alliances.”
“At an historic moment when we are witnessing a genocide against Palestinians in Gaza, Russia’s aggression against Ukraine, and the global rule of law coming under threat from multiple fronts, institutions like the Court are needed more than ever to advance human rights protections, prevent future atrocities and secure justice for victims.
“This attack against the ICC seeks to damage the Court’s independent pursuit of international justice. The sanctions issued will harm accountability, a crucial ingredient to global and long-term security. They will embolden perpetrators, present and future. They will negatively impact the interests of all victims globally and those who look to the Court for justice in all the countries where it’s conducting investigations, including Darfur, Libya, the Philippines, Palestine, Ukraine and Venezuela.
“The ICC performs a vital role by investigating crimes under international law, often committed by the most powerful individuals, in situations where – without its involvement – the perpetrators would benefit from perpetual impunity. The sanctions are also an affront to 125 member states who have collectively resolved that the Court must be able to effectively pursue justice – which means it must be able to undertake independent judicial functions, such as issuing arrest warrants, for example, against Benjamin Netanyahu or Vladimir Putin.
“Governments around the world and regional organizations must do everything in their power to mitigate and block the effect of President Trump’s sanctions. Through collective and concerted actions, ICC member states can protect the Court and its staff. Urgent action is needed, like never before.”
Background information:
On January 14, Amnesty International, the Coalition for the International Criminal Court and more than 140 of its member NGOs and coalitions from around the world issued a joint statement opposing U.S. efforts to impose sanctions related to the ICC and urging member states to defend the Court, its officials, and those cooperating with it from measures aimed at undermining its vital mandate for justice.
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