President Donald Trump has signed an executive order imposing sanctions on the International Criminal Court (ICC), accusing it of engaging in “illegitimate and baseless actions targeting America and our close ally Israel.”
The order enforces financial and visa restrictions on individuals and their families involved in ICC investigations of American citizens or allies. Trump signed the measure while Israeli Prime Minister Benjamin Netanyahu was visiting Washington.
In November, the ICC issued arrest warrants for Netanyahu and former Israeli Defense Minister Yoav Gallant over alleged war crimes in Gaza, which Israel denies. The court also issued a warrant for Hamas commander Mohammed Deif, whose death in an Israeli airstrike last year has since been confirmed by Hamas. Judges at the ICC stated that there were “reasonable grounds” to believe that all three bore “criminal responsibility for alleged war crimes and crimes against humanity.”
The ICC, a global tribunal with the authority to prosecute genocide, crimes against humanity, and war crimes, has in recent years also issued arrest warrants for Russian President Vladimir Putin over alleged war crimes in Ukraine, Taliban leaders for persecuting Afghan girls and women, and Myanmar’s military leader for crimes against the Rohingya Muslims.
The United States and Israel are not members of the ICC, but more than 120 countries, including the UK and many European nations, recognize its authority. The Netherlands, which hosts the court, expressed regret over Trump’s decision. “The court’s work is essential in the fight against impunity,” Dutch Foreign Minister Caspar Veldkamp stated on X.
A White House memo circulated on Thursday criticized the ICC for creating a “shameful moral equivalency” between Hamas and Israel by issuing warrants simultaneously. Trump’s executive order argued that the ICC’s actions “set a dangerous precedent” that could expose Americans to “harassment, abuse, and possible arrest.”
“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,” the order stated.
Israel’s Foreign Minister Gideon Saar praised Trump’s action, calling the ICC’s investigations “immoral and without legal basis.”
The U.S. has consistently rejected ICC jurisdiction over its officials or citizens, arguing that it unfairly targets Israel while ignoring violations by Iran and anti-Israel groups.
While the U.S. is not a member of the court, legal experts warn that Trump’s sanctions could significantly impact its operations. “The sanctions… could freeze property and assets, as well as restrict entry into the United States for ICC officials and their families,” Zachary Kaufman, a former clerk to the ICC’s first chief prosecutor, told the BBC World Service.
During his first term, Trump imposed sanctions on ICC officials investigating alleged U.S. war crimes in Afghanistan. These were later lifted by President Joe Biden’s administration. Last month, the U.S. House of Representatives voted to sanction the ICC, but the bill stalled in the Senate.
In response to what they saw as an effort to undermine the ICC’s authority, nine nations—including South Africa and Malaysia—formed the ‘Hague Group’ to defend the court and its rulings.
Trump’s executive order emphasized that “both nations [the U.S. and Israel] are thriving democracies with militaries that strictly adhere to the laws of war.”
In his final weeks in office, President Biden also condemned the ICC’s arrest warrant for Netanyahu, calling the move “outrageous” and arguing that there was no equivalence between Israel and Hamas.
The ICC prosecutor’s case against Netanyahu and Gallant asserted that they “each bear criminal responsibility” for war crimes, including using starvation as a method of warfare and crimes against humanity such as murder, persecution, and other inhumane acts.
Trump’s latest executive order follows his controversial proposal, announced at a joint press conference with Netanyahu, to have the U.S. “take over” Gaza, resettle its Palestinian population, and transform it into the “Riviera of the Middle East.” After facing international condemnation, Trump reiterated the idea on his Truth Social platform, suggesting that Israel would turn Gaza over to the U.S. after the ongoing conflict, with the territory’s population temporarily relocated.
White House officials scrambled to clarify the plan, with Press Secretary Karoline Leavitt stating that any displacement would be temporary, while Secretary of State Marco Rubio described it as an “interim” measure during reconstruction. Netanyahu praised Trump’s proposal, while Israeli Defense Minister Israel Katz ordered preparations for the “voluntary departure” of Gaza’s residents via land, sea, and air.
Trump signed the executive order as Netanyahu continued his Washington visit, meeting with lawmakers from both Republican and Democratic parties. During the visit, Netanyahu presented Trump with a golden pager—symbolizing Israel’s deadly operation against Hezbollah last year, which used booby-trapped communications devices. Lebanese officials reported that the attacks resulted in dozens of deaths and thousands of injuries, including among civilians.
