Trump escalates war on ICC with sanctions targeting court itself

International

WASHINGTON has widened its confrontation with the International Criminal Court (ICC), imposing sanctions on the institution itself in a move the court warns could undermine international justice and disrupt its operations.

US Secretary of State Marco Rubio said the measures, which restrict US entities from conducting transactions with the ICC, aim to defend American sovereignty against what the Trump administration considers an institution seeking to prosecute US citizens.

The court condemned the sanctions as an assault on the rule of law, saying they were intended to disrupt its work and intimidate those cooperating with it. However, it insisted it would not be deterred, warning that history would judge the decision.

The move escalates Washington’s campaign against the ICC, which has already seen 17 of its judges and officials sanctioned. The latest restrictions target the institution as a whole, potentially threatening its financial capacity to operate.

Some sanctions will be subject to a six-month grace period, allowing member states to continue funding the court while negotiations over US concerns take place.

The Trump administration has objected to the ICC’s investigation into alleged crimes by US soldiers in Afghanistan, which the court has since closed, and its arrest warrants for Israeli officials, including Prime Minister Benjamin Netanyahu. Rubio also urged US allies that belong to the court, including the United Kingdom, to curb its actions.

According to a BBC report, UN Secretary-General Antonio Guterres called the decision “a serious blow to our collective pursuit of international criminal justice, of which the ICC is a key pillar”.

The UK, Canada, Denmark, Germany, France, Italy, Japan and the Netherlands reaffirmed their support for the court and expressed strong disagreement with the sanctions. The Netherlands, which hosts the ICC in The Hague, warned that the measures could seriously affect its operations.

Founded in 2002, the ICC prosecutes individuals accused of war crimes, crimes against humanity and genocide. It has 125 member states, although the United States, Russia, China, India and Israel are not members.

The sanctions could also jeopardize ongoing cases. Ryan Goodman, a professor at New York University School of Law, warned that financial restrictions could leave the court unable to conduct trials, potentially forcing detainees to be released.

Among those awaiting trial is former Philippine president Rodrigo Duterte, 81, who is accused of extrajudicial killings during his administration’s “war on drugs” between 2011 and 2019.

Goodman told the BBC that Duterte’s release would be “enormously damaging to the global effort towards international justice [and] towards the Philippines”.

Although the sanctions include exemptions for services needed to operate detention facilities, Goodman warned that detainees could ultimately have to be released “as a matter of law” if the court could no longer ensure fair trials or appeals.(MyTVCebu)