US President 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. Such sanctions include the blocking of property and assets as well as suspension of entry into the United States. The order asserts that the ICC has improperly claimed jurisdiction over the US and Israel, and states that the ICC's actions endanger US personnel and threaten US sovereignty and national security.

The order claims that the US remains committed to the "peaceful cultivation of international order," but adds that other countries, as well as the ICC, need to respect the decisions of the US.

Trump cites Section 9 of the American Servicemembers Protection Act of 2002, which states that "Armed Forces of the United States, 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."

In November 2024, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant for alleged war crimes and crimes against humanity. The US and Israel disputed the court's jurisdiction because they are not member states of the Rome Statute. However, tthe 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 follows Trump’s executive order withdrawing 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.