The Trump administration has imposed sanctions on two senior officials of the International Criminal Court (ICC), intensifying its efforts to counter the tribunal's investigations into alleged U.S. war crimes in Afghanistan and actions during the war in Gaza.
Secretary of State Marco Rubio announced the sanctions against ICC President Tomoko Akane and senior trial lawyer Abdoulaye Seye, labeling the court "corrupt and fatally politicized." Rubio stated that these individuals "directly engaged in efforts by the ICC to investigate, arrest, detain, or prosecute officials whose government has not consented to ICC jurisdiction." He further asserted that the ICC "has maliciously abused its authority and exceeded its mandate."
The sanctions freeze any assets Akane and Seye hold within U.S. jurisdictions and significantly restrict their ability to engage in transactions with Americans or the U.S. financial system. These measures are implemented under an executive order signed by President Donald Trump in February 2025, which established the framework for such sanctions.
The Trump administration's stance is that the ICC lacks the legal authority to investigate individuals from countries that are not members of the court, including the United States and Israel. The administration views the court's actions as a threat to national sovereignty.
Rubio indicated that this action is part of a broader strategy. "Our whole of government campaign to dismantle the threat posed by the ICC to national sovereignty will be sweeping and we expect more countries to join our campaign by ending their funding and participation in this politicized and unaccountable court," he said. "The ICC’s ability to target American nationals and those of other non-States Parties must end."
The ICC, in response, stated that the U.S. sanctions "undermine the rule of law" and constitute "a flagrant attack against the independence of an impartial judicial institution." The court maintains its jurisdiction over nationals of non-member states when alleged crimes occur on the territory of a state that has accepted the court's jurisdiction, as defined by the Rome Statute.
The Rome Statute outlines qualifying crimes including genocide, crimes against humanity, war crimes, and the crime of aggression. The ICC has cited its jurisdiction over Afghanistan and Palestine, both member states, to investigate alleged war crimes by U.S. personnel in Afghanistan and by Israeli officials in Gaza. In September 2024, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Yoav Gallant, who was the defense minister at the time, in relation to the conflict in Gaza.
This move by the Trump administration represents a significant escalation in the ongoing dispute over the ICC's jurisdiction and its investigations involving U.S. allies.