DONALD Trump has signed an executive order to impose sanctions on the International Criminal Court (ICC) following The Hague’s investigations into Israel, accusing the body of “illegitimate and baseless actions”.
The US president's order grants broad powers to impose asset freezes and travel bans against ICC staff and their family members if they have been judged to be involved in the investigation or prosecution of US citizens and certain allies which include Israel.
In November the ICC issued an arrest warrant for Benjamin Netanyahu and his former defense minister Yoav Gallant for alleged war crimes and crimes against humanity in Gaza.
Trump’s executive order follows a visit by Netanyahu to Washington and has accused the ICC of engaging in “illegitimate and baseless actions targeting America and our close ally Israel” and of abusing its power by issuing “baseless arrest warrants” against the Israeli prime minister.
“The ICC has no jurisdiction over the United States or Israel,” the order states.
Trump added the ICC had “abused its power” by issuing the warrants which he claimed had “set a dangerous precedent” that endangered US citizens and its military personnel.
“This malign conduct in turn threatens to infringe upon the sovereignty of the United States and undermines the critical national security and foreign policy work of the United States government and our allies, including Israel,” he added.
Neither the US nor Israel are among the ICC’s 124 members, which is a permanent court of last resort for the prosecution of individuals accused of atrocities, as the US has long held suspicions that a “Global Court” of unelected judges could arbitrarily prosecute its countries officials.
Israel’s prime minister, Benjamin Netanyahu, has applauded Trump’s sanctions, as he said: “Thank you, President Trump, for your bold ICC executive order. It will defend America and Israel from the anti-American and antisemetic corrupt court that has no jurisdiction or basis to engage in lawfare against us.”
The order says the US will impose “tangible and significant consequences” on those responsible for the ICC’s “transgressions.”
Actions may include blocking property and assets and not allowing ICC officials, employees and relatives to enter the United States.
It was unclear if the Trump administration would announce the names of specific individuals targeted by the sanctions.
ICC officials have reportedly prepared for sanctions to impact senior figures at the court including its chief prosecutor, Karim Khan.
Last week, a bill that would have imposed sweeping sanctions against the ICC was stalled in the Senate after Democrats refused to back the legislation.
The secretary general of Amnesty International, Agnes Callamard, said Trump’s order “sends the message that Israel is above the law and the universal principles of international justice”.
She added: “Today’s executive order is vindictive. It is aggressive. It is a brutal step that seeks to undermine and destroy what the international community has painstakingly constructed over decades, if not centuries: global rules that are applicable to everyone and aim to deliver justice for all.”
Other human rights activists said sanctioning court officials would have a chilling effect and run counter to US interests in other conflicts where the court is investigating.
Responding to the signing of the order American Civil Liberties Union’s National Security Project lawyer Charlie Hogle said: “Victims of human rights abuses around the world turn to the International Criminal Court when they have nowhere else to go, and President Trump’s executive order will make it harder for them to find justice.
“The order also raises serious First Amendment concerns because it puts people in the United States at risk of harsh penalties for helping the court identify and investigate atrocities committed anywhere, by anyone.”
Hogle added the order “is an attack on both accountability and free speech.”
Washington director of Human Rights Watch Sarah Yager added: “You can disagree with the court and the way it operates, but this is beyond the pale.”
