The International Criminal Court (ICC) on Wednesday denounced new U.S. sanctions targeting senior court officials, including its president, as a "flagrant attack" on the global tribunal's independence. The court vowed to continue its work pursuing justice for atrocities worldwide.
The U.S. State Department announced Tuesday that it imposed sanctions on ICC President Tomoko Akane, a Japanese national, and senior trial lawyer Abdoulaye Seye, who is from Senegal. These sanctions freeze any assets the individuals hold within U.S. jurisdictions or that come into contact with the U.S. financial system.
According to the ICC, the Trump administration has now sanctioned nine of the court's 18 judges, both of its deputy prosecutors, its former chief prosecutor, and one other prosecution office staffer. The U.S. contends that the ICC has exceeded its mandate by investigating and seeking to prosecute senior military and political officials from countries that are not members of the court, such as Israel and the United States.
The court stated that threatening "judicial actors for applying the law" puts "the international legal order itself at risk." It affirmed its commitment to "fully discharge its mandate with independence and impartiality."
Secretary of State Marco Rubio described the ICC as "a corrupt and fatally politicized supranational court that has maliciously abused its authority and exceeded its mandate." This action follows Rubio's announcement weeks prior of a "sweeping campaign to dismantle the threat posed by the International Criminal Court to U.S. sovereignty."
Rubio indicated plans to pressure the court's 125 member states to withdraw from the institution, sanction organizations that collaborate with the ICC, and prohibit ICC staff from traveling to the United States. Since this announcement, Venezuela and Chad have declared their intention to leave the court, bringing the total number of countries to withdraw in the past year to five. A country's withdrawal takes one year to become formalized.
The sanctions can significantly affect the daily lives of court officials. They preclude ICC officials and their families from entering the United States and block access to basic financial services, making even routine errands difficult. Last year, Canadian judge Kimberly Prost, also targeted by sanctions, reported losing access to her credit cards and even having her Amazon Alexa stop responding.
Japan's Foreign Ministry criticized the sanctions against Akane, calling the measures "very unfortunate." The ministry stated that Japan has consistently supported the ICC's efforts to prosecute serious crimes and uphold the rule of law, adding that it "will remain committed to strengthening the rule of law in the international community, while maintaining communication with related countries."
Balkees Jarrah, Middle East and North Africa director at Human Rights Watch, characterized the sanctions as "the latest example of the Trump administration’s utter contempt for international law and a naked attempt to shield American and Israeli officials implicated in serious crimes from justice."
Human Rights Watch, along with three other groups, filed a lawsuit last week in the Southern District of New York challenging the administration's campaign against the ICC. The complaint argues that a previous executive order targeting the court and subsequent sanctions against a U.N. human rights expert and Palestinian rights groups constitute a "blatantly illegal attack on international justice and should be struck down."