In a recent move of international diplomatic relations, President Donald Trump has issued an executive order sanctioning the International Criminal Court (ICC). This comes following the ICC’s decision to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant, alleged to be involved in war crimes and crimes against humanity.
The executive order enforces severe measures against ICC officials, including the freezing of their assets and property and a ban on their entry into the United States. The administration argues that the ICC has overstepped its jurisdiction concerning the United States and Israel, pointing out that both nations are not members of the Rome Statute, the treaty that established the ICC.
The justification cited in the order for these unprecedented sanctions rests on threats to the United States’ sovereignty and national security, stating that actions by the ICC could expose U.S. personnel to unjust prosecution. In this context, Trump has invoked section 9 of the American Servicemembers Protection Act of 2002, which aims to shield U.S. officials and personnel from ICC prosecution and was originally designed to protect those following the 9/11 attacks.
This act of sanctioning aligns with the policy direction seen earlier in 2025 with the U.S. House of Representatives’ approval to restrict ICC actions against U.S. and allied government officials. Additionally, President Trump’s recent decisions, including retracting participation from the UN Human Rights Council, share a thematic continuity with similar steps taken by Israel recently.
The ICC’s earlier decision in November 2024 to pursue arrests of Netanyahu and Gallant was heavily supported by 93 of its member states, who reiterated their commitment to implementing the ICC’s mandate. Despite this backing, the U.S. response underscores ongoing tensions between supporters of the ICC’s judicial reach and those advocating for national jurisdictional sovereignty.