UN Diplomats Warn US Sanctions Threat Would Undermine International Criminal Court

The United States’ threat to impose sanctions on the International Criminal Court (ICC) as an institution, extending beyond individual judges and prosecutors, poses a fundamental risk to the court’s operational capacity and requires urgent resistance, a coalition of nations advocating for international law stated at the United Nations on Friday.

Ronald Lamola, South Africa’s foreign minister, highlighted the warning during a UN General Assembly event focused on defending the international legal system against escalating threats, including open disregard for its principles and rulings, particularly by Israel.

The gathering was organized by the Hague Group, of which Lamola serves as co-chair. Established in 2025, the group aims to safeguard international law and advocate for the proper enforcement of decisions made by its two key bodies: the ICC and the International Court of Justice (ICJ).

Lamola noted that while the US has already sanctioned ICC judges and prosecutors, it is now preparing broader sanctions targeting the ICC itself. “If imposed, such measures could fundamentally disrupt its operations,” he emphasized. “An independent court remains truly independent only if judges and officials cannot be penalized for fulfilling their mandates.”

Judge Tomoko Akane of Japan, ICC’s head, and senior trial lawyer Abdoulaye Seye of Senegal were sanctioned by the US in August for participating in the ICC’s investigations into officials whose governments have not consented to ICC jurisdiction. This action drew condemnation from Japanese Prime Minister Sanae Takaichi this week.

The US has acknowledged its intent to dismantle the ICC. During this week’s UN General Assembly address, former President Donald Trump criticized the court as an “out of control” entity, calling it an “evil group of people” and urging other nations to reject it.

US Secretary of State Marco Rubio described the court as “a corrupt and fatally politicised supranational court that has maliciously abused its authority and exceeded its mandate. We will not tolerate its assault on state sovereignty.”

The next phase by the US likely involves imposing secondary sanctions on individuals and entities cooperating with the court, rather than solely sanctioning senior judiciary members. Institutional-level sanctions would affect every European bank, insurer, and technology supplier serving the court, located in the Netherlands.

The Dutch government, hosting the ICC, is spearheading efforts to caution the US against effectively paralyzing the court. Dutch Prime Minister Rob Jetten addressed the UN General Assembly, stating, “International law either works for everyone or for no one. This court was established to protect us against impunity and was built on the foundations of the Nuremberg and Tokyo trials. And now, with the ICC under attack, the writing is truly on the wall. After all, how can you possibly be opposed to prosecuting the very worst crimes? And I believe there can be only one response: to say, hands off the ICC and all those other institutions that protect the international legal order.”

International law expert William Schabas highlighted the paradox that while reliance on international courts and law is increasing globally, these institutions face intensified attacks. He advocated for strengthening the ICC, including ensuring appointments are merit-based and only the most qualified judges are elected.

Diana Buttu, a prominent Palestinian lawyer criticized Western nations’ selective application of international law. “The greatest threat to international law is not the state that openly defies it,” she observed. “The greatest threat is our selectivity – the quiet decision made in capitals and rooms that the rules don’t bind everyone, they only bind some. It is the belief that we can excuse some because they are our allies, our partners and our friends.”

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