U.S. Sanctions on the International Criminal Court
The International Criminal Court (ICC) at The Hague, Netherlands. Image courtesy of OSeveno is cropped and licensed under CC BY-SA 4.0.
Introduction. The International Criminal Court (ICC; the Court) is the world’s first permanent and independent international tribunal established to prosecute individuals for the human rights crimes of genocide, war crimes, crimes against humanity, and the crime of aggression.
Most countries in the world support the Court, and the US was involved in creating the Court’s foundational document, the Rome Statute. However, despite signing on to the Court in 1990, the US has since erased that signature and has an often-adversarial relationship with the Court, depending on the presidential administration.
The primary reason the United States opposes the Court is the U.S. refusal to accept legal and criminal culpability for its own actions that could violate the Rome Statute.
The adversarial relationship has taken two forms: Congressional legislation under both presidents George W. Bush and Donald Trump to punish or limit the Court and its supporters, and executive sanctions on members of the Court and on organizations providing services and support to the Court.
Previous Sanctions. In June 2020, Trump issued an executive order authorizing asset freezes and visa restrictions against ICC staff investigating alleged war crimes by U.S. personnel in Afghanistan. In April 2021, the Biden administration revoked the sanctions before they took full effect.
Current Sanctions and Congressional Action. The ICC issued arrest warrants in November 2024 for Israeli prime minister Benjamin Netanyahu and defense minister Yoav Galant on charges of war crimes in Gaza. The Trump administration, upon taking office in 2025, defended long-time ally Israel by placing sanctions on the Court, organizations, and individuals.
The sanctions have implications for civil and criminal penalties for U.S. and foreign persons.
- Civil penalties, imposed by the U.S. Treasury Department, would include fines of hundreds of thousands of dollars for each offense.
- Criminal penalties, imposed by the Department of Justice, would include fines of more than a million dollars and extensive prison sentences.
The sanctions severely impact the work of the Court and the safety and security of witnesses and victim-survivors.
A bill in the U.S. House of Representatives, H.R. 23, the “Illegitimate Court Counteraction Act,” was passed in January 2025 but has not been heard in the Senate.
Cases against the Sanctions. In both 2020 and 2025, human rights leaders filed suits against the Trump administration for violating victims’ rights and violating the First Amendment. The cases are pending.
Conclusion. The U.S. sanctions represent intimidation and bullying on a global scale. The 124 member states of the ICC stand strong in defense of the Court, as do NGOs like World Without Genocide that steadfastly support the Court despite threats of reprisals.
For more information about the Court, current investigations, and ongoing trials, visit
- International Criminal Court
- Coalition for the International Criminal Court
- Washington Working Group on the International Criminal Court
Ellen J. Kennedy, Ph.D., October 2025
December 3, 2025: The ICC Office of the Prosecutor launched its first Policy on Cyber-Enabled Crimes to clarify how existing Rome Statute law applies to serious crimes committed or facilitated through digital technologies. The policy outlines plans to investigate and prosecute such crimes with equal priority to traditional offences, emphasizing technical expertise, cooperation with national and private actors, and the need to ensure justice keeps pace with technological change. Read the policy.
International Justice Day
July 17
International Justice Day commemorates the historic global efforts to end genocide, war crimes, and crimes against humanity and to recognize efforts to prosecute perpetrators of human rights abuses. This is also a day to celebrate the international community’s work to create a more just and peaceful world.
International Justice Day
On July 17, 1998, the international community adopted the Rome Statute which established the International Criminal Court (ICC).
July 17 is celebrated annually to honor the international community’s efforts to provide and enforce human rights law promoting global peace, security, and well-being. This day also commemorates other critically important achievements in holding parties accountable for atrocities in World War II and in the former Yugoslavia, Rwanda, Sierra Leone, and Cambodia.
Ad Hoc Tribunals
The United Nations established ad hoc international tribunals, building on the precedence set by criminal justice efforts of the Allies after World War II at the tribunals in Nuremberg, Tokyo, and elsewhere. These tribunals were designed to addresses very specific conflicts and cases that occurred during a specific time.
- The International Criminal Tribunal for the Former Yugoslavia (ICTY) was established by the UN Security Council in 1992 to try those responsible for crimes of genocide, crimes against humanity, and war crimes committed during the conflict of the 1990s in the former Yugoslavia.
- The International Criminal Tribunal for Rwanda (ICTR) was established by the UN Security Council in 1994 to prosecute genocide, crimes against humanity, and war crimes occurring between January 1 and December 31, 1994, in Rwanda.
- The Special Court for Sierra Leone and the Extraordinary Chambers in the Courts of Cambodia are hybrid domestic-international courts to try those responsible for atrocity crimes committed during Sierra Leone’s civil war and the genocide in Cambodia during the Khmer Rouge rule, respectively.