Amid Gaza warrant row, U.S. sanctions ICC President and senior lawyer

The United States has imposed sanctions on two senior officials of the International Criminal Court (ICC), including its President, Tomoko Akane of Japan, and senior trial lawyer Abdoulaye Seye of Senegal. The move, announced on Tuesday, is the latest in a series of actions by the Trump administration against international organisations.

U.S. Secretary of State Marco Rubio said the two individuals "directly engaged in efforts by the ICC to investigate, arrest, detain, or prosecute officials whose government has not consented to ICC jurisdiction." While Rubio did not name any specific person or body, the sanctions are based on Executive Order 14203, signed by President Donald Trump on February 6, 2025. The order cited the ICC's investigations and arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes in Gaza.

The ICC condemned the sanctions as a "flagrant attack against the independence of an impartial judicial institution." The court said it would continue to uphold its mandate under the Rome Statute.

The ICC is an independent intergovernmental organisation headquartered in The Hague, Netherlands. It was established by the Rome Statute, adopted at a United Nations conference in Rome on July 1, 1998, and entered into force on July 1, 2002. The statute has 137 signatories, but only 125 are member states. The United States and Israel have signed but not ratified the treaty, making them non-members. Other major powers, including India, China, and Russia, are also not parties.

The court is mandated to investigate and prosecute individuals accused of genocide, war crimes, and crimes against humanity. It exercises jurisdiction over crimes committed on the territory of member states or by their nationals. It can also act if a state is "unwilling or unable" to carry out genuine investigations. In cases referred by the U.N. Security Council, the court's jurisdiction extends to non-member states.

Washington has long opposed the ICC, arguing that the court could assert jurisdiction over U.S. citizens without U.S. consent. In his statement, Rubio said the ICC has made "multiple attempts to assert authority over U.S. nationals and citizens of countries outside the court's jurisdiction," which he called a "dangerous precedent."

In November 2024, the ICC issued arrest warrants for Netanyahu and Gallant, accusing them of using starvation as a method of warfare and intentionally directing attacks against civilians in Gaza. The Biden administration, then in office, rejected the warrants, citing "troubling process errors," without elaborating.

The latest sanctions expand a broader U.S. campaign against the ICC. As of now, the U.S. has sanctioned nine of the court's 18 judges, both deputy prosecutors, and a former chief prosecutor. Rubio also said the U.S. will target organisations that cooperate with the ICC and pressure member states to withdraw.

Earlier this year, Venezuela and Chad announced their exit from the court. Venezuela's move followed the detention of its leader, Nicolas Maduro, in a U.S. military operation in January. Both countries' withdrawals take effect after a one-year notice period, as required by the Rome Statute. The sanctions, which include asset freezes and travel bans, are seen as an attempt to cripple the court's work in sensitive cases.

The sanctions have drawn criticism from human rights groups and legal experts, who argue they undermine international justice. However, Washington maintains that the ICC threatens U.S. sovereignty and that of its allies. The dispute highlights a widening rift over the reach of international law and the role of multilateral institutions.