International Criminal Court (ICC)

U.S. Sanctions on the International Criminal Court

Introduction

The International Criminal Court (ICC; the Court) is the world’s first permanent and independent international tribunal established to prosecute individuals for the crimes of genocide, war crimes, crimes against humanity, and the crime of aggression.

Most countries in the world support the Court, and the United States played an active role in negotiating the Court’s founding treaty, the Rome Statute. However, although President Bill Clinton signed the Rome Statute on behalf of the United States in 2000, the treaty was never ratified by the Senate. In 2002, the George W. Bush administration informed the United Nations that the United States did not intend to become a party to the treaty, and the U.S. has maintained an often-adversarial relationship with the Court, depending on the presidential administration.

The primary reason the United States opposes the Court is its refusal to accept ICC jurisdiction over U.S. nationals and concerns that U.S. military personnel and government officials could be subject to prosecution without U.S. consent.

The adversarial relationship has taken two forms: congressional legislation under 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, President Trump issued an executive order authorizing asset freezes and visa restrictions against ICC officials investigating alleged war crimes by U.S. personnel in Afghanistan. In April 2021, the Biden administration revoked those sanctions before they took full effect.

Current Sanctions and Congressional Action

The American Service-Members’ Protection Act (ASPA), passed by the United States in 2002, limits U.S. engagement with the International Criminal Court by restricting cooperation with the Court and seeking to protect U.S. personnel from its jurisdiction. The statute also grants the president broad authority to take measures, including the use of military force if necessary, to obtain the release of U.S. or certain allied nationals held by the ICC. This provision led opponents to refer to the law as the “Hague Invasion Act.”

In November 2024, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant on charges of war crimes and crimes against humanity arising from the conflict in Gaza. Shortly after taking office in January 2025, President Trump issued Executive Order 14203, authorizing sanctions against ICC officials and others who assist the Court’s investigations involving the United States or its allies, including Israel.

The sanctions have implications for civil and criminal penalties for U.S. and foreign persons who provide certain forms of assistance or services to designated individuals.

  • Civil penalties, imposed by the U.S. Treasury Department, may include substantial monetary fines for each violation.
  • Criminal penalties, imposed by the Department of Justice, may include fines of up to $1 million and prison sentences of up to 20 years for willful violations of sanctions laws.

The sanctions have significantly disrupted the work of the Court. Individuals and organizations that support ICC investigations, including providers of legal, financial, technological, and other services, face uncertainty and potential legal exposure. Human rights organizations have also raised concerns that the sanctions could undermine protection for witnesses and victim-survivors by limiting the Court’s ability to carry out its work.

A bill in the U.S. House of Representatives, H.R. 23, the Illegitimate Court Counteraction Act, passed the House in January 2025 but was not enacted after failing to advance in the Senate during the 119th Congress.

Cases against the Sanctions

In both 2020 and 2025, human rights organizations and legal advocates filed lawsuits challenging the Trump administration’s sanctions, arguing that they violate constitutional protections, including First Amendment rights, and interfere with their ability to provide legal representation, advocacy, and assistance to victims seeking justice before the ICC. Litigation remains ongoing.

Conclusion

The U.S. sanctions represent an effort to pressure and intimidate the International Criminal Court and those who support its work. The Court’s 125 States Parties continue to affirm their commitment to the ICC and its mandate to pursue accountability for the world’s gravest crimes.

For more information about the Court, current investigations, and ongoing trials, visit

Statement of Support for the ICC

World Without Genocide unequivocally supports the independence, impartiality, and integrity of the International Criminal Court. The Court must be free to carry out its mandate without political interference, intimidation, retaliation, or coercion. Sanctions, threats, and other measures intended to obstruct the work of the Court or deter those who cooperate with it undermine the rule of law, weaken international accountability, and deny victims and survivors access to justice.

We stand with the Court, its personnel, and all those who lawfully support its work in pursuit of accountability for genocide, crimes against humanity, war crimes, and the crime of aggression. We call upon governments, civil society organizations, and individuals around the world to defend the independence of the Court, reject efforts to erode its authority, and reaffirm that no person is above the law. Accountability for the gravest international crimes must never be subject to political expediency or intimidation.

Read more about the ICC:

International Justice Day – July 17

On July 17, 1998, the international community adopted the Rome Statute which established the International Criminal Court (ICC). 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. 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.

International Justice Day 2026

On July 16-17, 2026, World Without Genocide joined organizations from around the world as a co-sponsor of International Justice Day in Rome, Italy, commemorating the anniversary of the adoption of the Rome Statute. Madeline Krehbiel Baskfield, Legal Associate, World Without Genocide, delivered remarks addressing international justice and in support of the International Criminal Court’s critical work to uphold the rule of law, advance accountability, and provide justice for victims of atrocity crimes.

Read the remarks here.