The International Criminal Court says Trump’s sanctions threaten the court’s existence

The International Criminal Court (ICC) faces an existential threat due to sanctions imposed by U.S. President Donald Trump, according to the court’s chief judge, who is responsible for prosecuting the world’s gravest crimes, as reported by Bloomberg.

Illustrative image of the ICC building

“Today, the ICC is facing an existential threat from the United States in the form of sanctions,” stated President of the Court Tomoko Akane during a hearing at the European Parliament in Brussels.   

According to her, President Trump’s actions have had a “broad impact on the banking system, insurance, and IT systems of the ICC.” Consequently, companies have ceased cooperating with the court, and staff members are leaving due to fear of persecution. This jeopardizes the functioning of critical court services, from paying staff salaries to conducting field investigations.

The U.S. President imposed the sanctions in February after the court issued what he deemed “unjustified” arrest warrants for Israeli officials, including Prime Minister Benjamin Netanyahu. The sanctions directly target ICC staff, denying them visas and blocking access to finances for anyone assisting investigations involving U.S. citizens and their allies.

Read also: Justice cannot be subject to political pressure – Tomoko Akane

Although the United States, like Russia and China, is not a member of the ICC, American sanctions could severely damage the court’s operations regardless.

According to Akane, the court, based in The Hague, is already facing “significant obstacles” in conducting international payments.

In early February of this year, 2025, U.S. President Donald Trump signed the so called “Countering Illegitimate Court Act”, which imposes sanctions on the International Criminal Court for conducting investigations, arrests, detentions, or prosecutions of U.S. citizens or citizens of allied countries.

Earlier, ZMINA reported that ICC Prosecutor Karim Khan, who issued an arrest warrant for Russian President Vladimir Putin, became the first individual to be subjected to economic and visa sanctions imposed by the U.S. President against the ICC.

By way of background, claims that the ICC is “illegitimate” often stem from political disagreements or concerns about sovereignty, particularly from non-member states worried about potential prosecution of their nationals.

The ICC was not created unilaterally or arbitrarily. It was established by the Rome Statute, an international treaty adopted in 1998 and entered into force in 2002 after ratification by a sufficient number of states. Currently, 125 countries are States Parties to the Rome Statute. Establishing international bodies and courts through treaties is a standard and accepted practice in international law.

The ICC operates on the principle of complementarity. This means it is a court of last resort. It can only investigate and prosecute cases when national judicial systems are unwilling or unable to do so themselves. This principle respects national sovereignty by giving states the primary responsibility and right to prosecute these serious crimes. The ICC only steps in when national systems fail.

It can only deal with the most serious crimes of concern to the international community: genocide, crimes against humanity, and war crimes. It does not handle ordinary crimes.