U.S. sanctions against ICC could cut its funds, halt war-crime prosecutions

The new sanctions that the United States is reportedly preparing against the International Criminal Court could cut the court’s money and halt investigations into war crimes, sources told Reuters. Wall Street had previously reported that the sanctions can be finalized as early as this week during the U.N. General Assembly.

The officials have not clarified what the sanctions will include. However, they are allegedly set to resemble earlier U.S. penalties against ICC officials, including the court’s president and half of its judges. The officials were barred from entering the United States, had bank accounts frozen, and lost access to Microsoft email accounts overnight. “They are treated as criminals while they try to protect human rights,” professor of international law at Tilburg University Elie van Sliedergt told RTL. American companies were also barred from working with the group.

Trump’s administration has previously sanctioned the court’s judges and prosecutors but never the court itself. Sanctions against the court as a whole would generally bar American companies from providing funds or services to the court. Some services can be replaced. For example, according to the AP, the court has already switched to a German alternative to Microsoft.

However, the situation is a bit harder when it comes to international payments. Many cross-border transfers are done through American companies Visa and Mastercard. Major European banks also operate in the U.S. and are, therefore, also obliged to follow the rules.

Geert-Jan Knoops, a defense lawyer that works for the ICC, said that the court is responsible for hiring and paying its workers. “If that stops, we as lawyers no longer get paid,” he told RTL. “It can also mean that ongoing investigations are put in danger. Or that criminal cases can no longer be conducted.” Such cases include, for example, the war crimes in Ukraine and Gaza.

Ongoing investigations can also be put at risk. The United States does not recognize the ICC, has never joined it, and does not extradite Americans to The Hague. Washington's fight with the court centers on two topics. the Gaza warrants and an earlier inquiry into U.S. troops in Afghanistan.

In 2024, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and Hamas military commander Mohammed Deif. The ICC wanted to prosecute the group for war crimes and crimes against humanity. After those warrants, the U.S. sanctioned ICC employees. A year earlier, it had already sanctioned other court officials. Three ICC judges and, separately, three human rights organizations later sued the U.S. government. The U.S. officials want the court to drop those warrants against the Israeli leaders and to halt the Afghanistan investigation.