President Donald Trump has signed an executive order sanctioning the International Criminal Court (ICC), accusing it of “illegitimate and baseless actions targeting America and our close ally Israel”.
The measure places financial and visa restrictions on individuals and their families who assist in ICC investigations of American citizens or allies.
Trump signed the measure as Israeli Prime Minister Benjamin Netanyahu was visiting Washington.
Last November, the ICC issued an arrest warrant for Netanyahu over alleged war crimes in Gaza, which Israel denies. The ICC also issued a warrant for a Hamas commander.
Judges at the court said there were “reasonable grounds” that Netanyahu, his former Defence Minister, Yoav Gallant, and Mohammed Deif of Hamas bore “criminal responsibility for alleged war crimes and crimes against humanity.
The ICC is a global court with the power to bring prosecutions for genocide, crimes against humanity and war crimes.
In recent years, it has also issued arrest warrants for Russian President Vladimir Putin over alleged war crimes in Ukraine, Taliban leaders for “persecuting Afghan girls and women” and Myanmar’s military leader for crimes against the Rohingya Muslims.
The US and Israel are not members of the court but more than 120 countries are, including the UK and many European nations.
The Netherlands, which hosts the court, said it “regrets” Trump’s order. “The court’s work is essential in the fight against impunity,” Dutch Foreign Minister, Caspar Veldkamp said on X.
A White House memo circulated on Thursday accused the Hague-based ICC of creating a “shameful moral equivalency” between Hamas and Israel by issuing the warrants at the same time.
Trump’s executive order said the ICC’s recent actions “set a dangerous precedent” that endangered Americans by exposing them to “harassment, abuse and possible arrest”.
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“This malign conduct in turn threatens to infringe upon the sovereignty of the United States and undermines the critical national security and foreign policy work of the United States government and our allies, including Israel,” the order said.
In a post on X on Friday, Israel’s Foreign Minister, Gideon Saar said he “strongly” commended Trump’s executive order.
He claimed the ICC’s actions were “immoral and have no legal basis”, accusing the court of not operating “in accordance with international law”.
The US has repeatedly rejected any jurisdiction by the body over American officials or citizens, and has accused the ICC of placing constraints on Israel’s right to self-defence, while ignoring Iran and anti-Israel groups.
While the US is not a member of the ICC, the former clerk to the court’s first chief prosecutor warned the sanctions could have “a profound practical impact” on its operations.
“The sanctions… do have the potential of freezing property and assets, as well as suspending entry into the United States of ICC officials and their immediate family members,” Zachary Kaufman told the BBC World Service.
