The International Criminal Court (ICC) has issued a furious condemnation of new U.S. sanctions targeting four of its officials, calling the measures “a flagrant attack against the independence of an impartial judicial institution.” The sanctions, which were announced by U.S. Secretary of State Marco Rubio, are the latest escalation in a long-running feud between Washington and the court, a battle that has now put judges and prosecutors at the center of a geopolitical standoff.
The new penalties, which freeze any assets the individuals hold in the U.S. and bar them from American travel, are aimed at ICC judges Kimberly Prost of Canada and Nicolas Guillou of France, as well as two deputy prosecutors. According to a State Department statement, the officials are being targeted for their involvement in efforts to prosecute Americans and Israelis for alleged war crimes.
Guillou, a French judge, was sanctioned for his role in authorizing the issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defense minister, Yoav Gallant, related to the war in Gaza. Prost, the Canadian judge, was sanctioned for a prior ruling that authorized an investigation into U.S. personnel in Afghanistan. The two deputy prosecutors were penalized for their continued support of the Israeli arrest warrants since assuming leadership of the ICC’s Office of the Prosecutor.
In a scathing statement, the ICC said the sanctions were not only a threat to the court’s independence but also an “affront against the Court’s States Parties, the rules-based international order and, above all, millions of innocent victims across the world.” The court, which is supported by 125 member states, vowed to continue its work “undeterred, in strict accordance with its legal framework… and without regard to any restriction, pressure or threat.”
The move marks a return to a Trump administration policy that was first implemented during his initial term, and later rescinded by the Biden administration. The Trump White House has a history of viewing the ICC as a “national security threat” and an “instrument for lawfare” against the U.S. and its ally Israel. While the U.S. and Israel are not members of the court, the ICC maintains its jurisdiction to prosecute war crimes that occur within member states, which include both Afghanistan and the Palestinian territories.
The sanctions have been widely condemned by allies and human rights organizations. France, a key U.S. ally, expressed “dismay” at the decision, and the United Nations said it was “very concerned” that the measures “undermine the foundation of international justice.” Israel, however, welcomed the move, with Prime Minister Netanyahu praising it as a “decisive act” against a “smear campaign of lies.”
For now, the legal and diplomatic fallout is just beginning. As the ICC vows to press on with its investigations and the U.S. asserts its right to protect its personnel, the future of international law and the principles of justice for war crimes hang in the balance.