US threatens ICC sanctions over Trump investigations

The US administration is demanding that the International Criminal Court (ICC) modify its founding statute to prevent any investigations into President Donald Trump and his top officials, threatening new US sanctions on the court if it does not comply.

A Trump administration official, speaking anonymously, stated that new sanctions would be imposed on the ICC if its demands are not met. Sanctioning the court would significantly escalate the US campaign against the ICC.

The US has requested the court to cease investigations into Israeli leaders regarding the Gaza genocide and formally conclude a probe into US military actions in Afghanistan. Failure to comply may result in additional sanctions against ICC officials and potentially the court itself.

ICC judges issued arrest warrants for Israeli prime minister Benjamin Netanyahu, former Israeli minister for military affairs Yoav Gallant last November for war crimes and crimes against humanity during the Gaza genocide.

On November 21, 2024, after investigating war crimes and crimes against humanity, the ICC issued arrest warrants for Netanyahu and Gallant for the war crime of starvation as a method of warfare and the crimes against humanity of murder, persecution, and other inhumane acts during the Gaza genocide.

The ICC, a permanent war crimes tribunal with 125 member states, has faced longstanding scorn from US officials who argue it infringes upon national sovereignty. The Trump administration fears that investigations could escalate after Trump's presidency ends in 2029.

In March 2020, ICC prosecutors opened an investigation in Afghanistan that included possible crimes by US troops. The court has since deprioritized its investigation but has not formally concluded it.

The ICC’s deputy prosecutors noted they have not received any requests regarding US actions in Venezuela, where the US military has conducted strikes against suspected drug trafficking vessels.

"There is growing concern ... that in 2029 the ICC will turn its attention to the president, to the vice president, to the secretary of war and others, and pursue prosecutions against them," the Trump administration official said. "That is unacceptable, and we will not allow it to happen."

The White House has not yet commented on these developments, and amending the Rome Statute would require the support of two-thirds of ratifying countries, making such changes complex and slow-moving.

ICC prosecutor condemns US for equating court judges with terrorists, drug traffickers

The ICC deputy prosecutor has condemned Washington for imposing punitive measures on the court’s judges for issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Minister of Military Affairs Yoav Gallant over Israel

The United States is not a party to the Rome Statute that established the ICC in 2002 as a court of last resort, with the power to prosecute heads of state.

"Amendments to the Rome Statute are within the prerogative of States Parties," the ICC's public affairs unit, which speaks on behalf of the court and its presidency, said in response to Reuters' questions.

Since Israel launched its genocidal assault on Gaza on October 7, 2023, it has killed more than 70,000 Palestinians and injured more than 171,000 others, most of them women and children.

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