On February 6, 2025, President Donald Trump signed an executive order [3] imposing sanctions on the International Criminal Court (ICC) in response to its issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. The order imposes measures on ICC officials and their immediate families, including asset freezes, property restrictions, and bans on entry into the United States.

According to the executive order, the ICC has overstepped its mandate by asserting jurisdiction over non-member states, the U.S. and Israel. The U.S. described this as an infringement on its sovereignty and national security, while also posing a risk to American personnel. The order invoked Section 9 of the American Servicemembers Protection Act of 2002, which stated that the U.S. military personnel and senior officials should be free from the risk of ICC prosecution, particularly for actions taken in defense of national interests.

The sanctions come in response to the ICC’s November 2024 decision to issue arrest warrants for Netanyahu and Gallant, citing alleged crimes against humanity and war crimes in Gaza. Both the U.S. and Israel rejected the court’s jurisdiction, noting that neither country is a party to the Rome Statute. However, the ICC relied on Palestine’s recognition as a state party to the Rome Statute as a legal basis for its investigation.

The U.S. and Israel’s opposition to the court’s actions contrasts with broader international support. In December 2024, 93 of the ICC’s 125 member states reaffirmed their “unwavering support” for the court’s mandate.

The sanctions escalate tensions between the U.S. and international legal institutions, raising questions about the future of global accountability mechanisms and the role of the ICC. The order has also faced criticisms from human rights advocates and international legal experts.