US imposes sanctions against International Criminal Court as an institution

The United States imposed sanctions against the International Criminal Court (ICC) as an institution on 9 October. US authorities had previously added 13 judges, prosecutors and other court representatives to sanctions lists. The ICC called the new restrictions unprecedented pressure on an independent judicial institution and an attempt to obstruct the investigation of the gravest international crimes, according to an ICC statement.

According to Reuters, the new restrictions by President Donald Trump’s administration are significantly broader than previous personal sanctions against ICC staff. They involve blocking financial transactions with the court and restricting the institution’s access to the US financial system. The sanctions could also affect companies providing banking, insurance, technology and other services to the ICC.

The US administration has given American companies six months to stop cooperating with the court. At the same time, Washington has provided specific exceptions for certain necessary transactions.

US Secretary of State Marco Rubio said Washington does not recognise the International Criminal Court’s jurisdiction over American citizens, service members and officials. He said the ICC operates as ‘a rogue court’ that threatens American sovereignty. He said the court sought to fairly prosecute US and Israeli individuals, and he went on to threaten to cripple the ICC. 

According to Rubio, both Republicans and Democrats have opposed the possibility of Americans being prosecuted by the ICC for decades. The current administration also considers potential investigations into US service members, border patrol officers and American political leaders unacceptable.

Rubio explained that the new sanctions prohibit financial transactions with the court. In this way, Washington seeks to limit the ICC’s access to resources and complicate its work.

The Secretary of State also maintains that the US has repeatedly demanded changes to the court’s operations over the past year. He said the US administration delayed imposing sanctions in the hope that the ICC or states parties to the Rome Statute would take Washington’s position into account. However, Rubio believes they have not taken sufficient steps to resolve the disagreements.

At the same time, he said the US leaves the possibility of a diplomatic settlement open. According to the secretary of state, the sanctions mechanism provides time for negotiations with states parties, which can propose a solution acceptable to Washington. If an agreement cannot be reached, US authorities are ready to take additional measures.

Furthermore, Rubio threatened to seek the cessation of the ICC’s operations if the court does not abandon actions Washington considers a threat to American citizens. He also called on US allies, particularly states parties to the Rome Statute, to influence the court’s work.

The ICC stressed that the sanctions target an independent institution created under an international treaty. Currently, 125 states parties to the Rome Statute have entrusted the court to investigate genocide, crimes against humanity, war crimes and the crime of aggression, as well as to bring perpetrators to justice.

According to court representatives, Washington’s decision aims to hinder its work and prevent the investigation of crimes for which the international community created the ICC.

The statement noted that US sanctions undermine the rule of law and the foundations of the international legal order, including the principle that no one can be above the law.

Furthermore, the ICC is convinced that the new restrictions are designed to complicate the institution’s daily work and intimidate its staff and those cooperating with the court.

Despite this, ICC President Tomoko Akane said the sanctions would not force the court to abandon its duties. She said the institution will continue to independently and impartially investigate international crimes, guided solely by the law and evidence, to ensure justice for victims.

At the same time, the court stressed that resisting such pressure without the support of states parties will be difficult.

ICC representatives recalled that the Rome Statute is based on a shared commitment of states to prevent impunity for the gravest crimes concerning the entire international community. They believe fulfilling this commitment now also depends on countries’ willingness to protect the court’s independence.

The ICC noted that, together with states parties, it has already taken several measures to ensure the institution’s continuous operation and reduce its vulnerability to external pressure.

At the same time, the court called on countries to continue providing practical support, including providing it with the resources needed for investigations and trials.

The ICC emphasised that this is not only about protecting a single international institution but also about preserving a legal order based on the rule of law.

The court also stressed that no one should face punishment for working to establish justice. According to ICC representatives, the international community’s reaction to the sanctions will show whether states are ready to defend their proclaimed principles and protect the rights of victims of mass crimes.

Ukraine has declared its support for the International Criminal Court following the US decision, the Ukrainian foreign ministry reported. The ministry noted that for Ukraine, the ICC is the most important institution in efforts to ensure accountability for Russian war crimes and deliver justice for the victims and survivors of Russian aggression.

“We remain committed to working with other States Parties to the Rome Statute to ensure the Court’s effective functioning,” the Ukrainian Ministry of Foreign Affairs said in a statement on X.

Meanwhile, the US Department of the Treasury has published four special licences that provide exceptions to sanctions against the International Criminal Court.

Specifically, until 7 April 2027, US authorities have allowed transactions necessary to maintain the ICC’s operations, fulfil existing contracts or gradually wind down cooperation with the institution.

This includes, among other things, contributions from states parties to the Rome Statute, payment of salaries to court staff, health insurance, rent, utility bills, taxes and other current expenses. The licence also covers settlements for specified services and transactions that occurred before the sanctions were introduced on 9 October 2026.

Separately, the US Treasury Department allowed the ICC to use telecommunications services and software necessary for its work. This applies to email, video conferencing, websites, cloud services, finance and human resources management software, data storage and cybersecurity.

Another licence relates to court-related pension payments. However, funds to be received by individuals under US sanctions must go into blocked accounts in the US in accordance with established rules.

Furthermore, US authorities have allowed transactions necessary for the continued detention of nine individuals held by the ICC. They are former Philippine President Rodrigo Duterte, Libyan Khaled Mohamed Ali El Hishri, former Seleka armed group member Mahamat Said Abdel Kani, Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud from Mali, and former armed group commanders Patrice-Edouard Ngaissona, Bosco Ntaganda, Dominic Ongwen, Ali Muhammad Ali Abd-Al-Rahman (Ali Kushayb) and Alfred Rombhot Yekatom. This covers ensuring their health, safety and appropriate detention conditions, as well as the work of the relevant institutions.

However, these licences do not cancel the sanctions against the ICC. They apply only to specific activities and do not automatically extend to transactions with other individuals under US restrictions.

Rubio’s announcement comes just hours after it was announced that former UN High Commissioner for Human Rights and former ICC judge Navi Pallay won this year’s Nobel Peace Prize. 

ZMINA previously reported in Ukrainian that in August 2026, the US imposed sanctions against ICC President Tomoko Akane and Abdoulaye Seye, a senior trial lawyer at the Office of the Prosecutor.

US authorities explained this by their involvement in investigations into representatives of states that do not recognise the court’s jurisdiction.

At that time, nine of the 18 ICC judges, both deputy prosecutors, the former prosecutor and one staff member of the Office of the Prosecutor were under US sanctions.

Due to the restrictions, they lost access to some financial services, and their potential assets in US jurisdiction were blocked.

Canadian ICC judge Kimberly Prost spoke about the consequences of such sanctions.

In September 2026, she reported that due to US restrictions, she lost access to credit cards and could not book hotels, order taxis or even buy public transport tickets. Furthermore, Amazon closed her accounts, and some banks refused to provide her with services.

Prost noted that the sanctions affected not only her professional activities but also her daily life. She believes US authorities are trying, in this way, to force judges and prosecutors to make decisions favourable to Washington.

In addition, on 5 October, the Parliamentary Assembly of the Council of Europe (PACE) adopted a resolution condemning pressure on ICC judges and prosecutors by the US and Russia.

The Assembly stressed that sanctions, criminal prosecutions and intimidation over investigations into international crimes undermine the court’s independence.

PACE called on states parties to the Rome Statute to protect ICC representatives from external interference, ensure compliance with their privileges and immunities and prevent obstruction of the court’s work.

The ICC holds special significance for Ukraine, as it investigates international crimes linked to Russian aggression. In March 2023, the court issued arrest warrants for Vladimir Putin and Russian Commissioner for Children’s Rights Maria Lvova-Belova on suspicion of the unlawful deportation and transfer of Ukrainian children.

In 2024, the ICC also issued arrest warrants for several senior Russian officials over alleged war crimes and crimes against humanity linked to strikes on Ukrainian civilian infrastructure.

In May 2026, Ukraine submitted a new package of materials to the ICC Office of the Prosecutor regarding the deportation and unlawful detention in Russia of over 1,800 Ukrainian prisoners from the Kherson and Mykolaiv regions.

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