New Delhi, Feb 7: On Thursday, US President Donald Trump signed an executive order imposing sanctions on the International Criminal Court (ICC), accusing the organization of unfairly targeting the United States and Israel.
The executive order places financial and visa restrictions on individuals and their families who aid in ICC investigations involving American citizens or U.S. allies.
The signing of this order took place during Israeli Prime Minister Benjamin Netanyahu’s visit to Washington. This action follows the ICC’s decision in November to issue an arrest warrant for Netanyahu regarding alleged war crimes in Gaza. The court also issued a warrant for a Hamas commander.
These sanctions are seen as a direct response to the ICC’s investigation of Israeli leadership, including Netanyahu and former Defense Minister Yoav Gallant, over alleged war crimes and crimes against humanity related to Israel’s military actions in Gaza after Hamas’ attack on October 7, 2023. Arrest warrants were also issued for high-ranking Hamas leaders.
The United States, which is not a member of the ICC, argues that the court is targeting Israel unfairly and making an unjust comparison between Israel’s leadership and Hamas, which the US designates as a terrorist organization.
This move follows previous condemnations from former US President Joe Biden, with bipartisan opposition in Congress. Last month, the US House of Representatives passed a bill to sanction the ICC, though it was blocked in the Senate.
This is not the first time the US has taken action against the ICC. In 2020, President Donald Trump imposed sanctions on ICC officials when the court began investigating allegations of war crimes by US forces in Afghanistan, though these sanctions were lifted by Biden.
What is the ICC?
The International Criminal Court (ICC), established in 2002 and based in The Hague, prosecutes individuals accused of genocide, war crimes, and crimes against humanity. Created in the aftermath of atrocities in Yugoslavia and Rwanda, its mission is to ensure accountability for the most serious international crimes.
The ICC has 124 member countries but is not recognized by several major nations, including the US, Israel, China, India, Pakistan, Russia, and Turkey, many of which are either not members or withdrew their support.
How Powerful is the ICC?
The ICC relies on member countries to enforce its arrest warrants, as it does not have its own police force. This limits its ability to carry out arrests in non-member states, such as the US and Israel, who are not legally bound to cooperate with the court.
Who Else Has the ICC Sanctioned?
Recently, the ICC issued an arrest warrant for Russian President Vladimir Putin over war crimes involving the deportation of Ukrainian children. Other notable leaders targeted by the court include Sudan’s former President Omar al-Bashir, who faced charges of genocide, and former Libyan leader Muammar Gaddafi, accused of crimes against humanity.
Why Can’t the ICC Enforce Its Orders?
The ICC lacks enforcement power and depends on member states to act on its warrants. This weakness is compounded by the refusal of powerful nations like the US, China, and Russia to recognize its authority, undermining the court’s ability to enforce its decisions. Political considerations also often influence compliance among member states, limiting the court’s practical influence despite its symbolic significance.
