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Top criminal court condemns US sanctions on officials Dozens of countries back International Criminal Court after Trump sanctions
(about 5 hours later)
Trump previously sanctioned ICC officials during his first term in office in 2020Trump previously sanctioned ICC officials during his first term in office in 2020
The International Criminal Court (ICC) has vowed to continue its judicial work after US President Donald Trump signed an order to impose sanctions on its staff. Dozens of countries have expressed "unwavering support" for the International Criminal Court (ICC) after US President Donald Trump imposed sanctions on its staff.
The ICC said it "stands firmly" by its personnel and the order seeks to harm its "independent and impartial" work. A majority of member states, including the UK, Germany and France, said that the ICCS was "a vital pillar of the international justice system".
Trump's order accuses it of "illegitimate and baseless actions", after the ICC issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu over alleged war crimes in Gaza, which Israel denies. The ICC also issued a warrant for a Hamas commander. Trump announced the sanctions after hosting Israel's Prime Minister Benjamin Netanyahu - the first foreign leader to visit him since returning to power.
The ICC is a global court, although the US and Israel are not members, with the power to bring prosecutions for genocide, crimes against humanity and war crimes. Last year, the ICC issued an arrest warrant for Netanyahu over alleged war crimes in Gaza - which Israel denies - as well as a Hamas commander. The US has condemned the court's "shameful moral equivalency" between Isarel and Hamas.
In its statement, it said: "The ICC condemns the issuance by the US of an executive order seeking to impose sanctions on its officials and harm its independent and impartial judicial work." The US and Israel do not recognise the authority of the ICC, the only global court with powers to prosecute individuals for genocide, crimes against humanity and war crimes. It has also previously launched investigations into US citizens.
It added it stood by its personnel, pledging "to continue providing justice and hope to millions of innocent victims of atrocities across the world". The ICC counts 125 member states around the world, including the UK and many European nations.
In recent years, the court has 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 UK, France and Germany were among the 79 signatories to a joint statement issued on Friday to condemn Trump's executive order. Australia, the Czech Republic, Hungary and Italy were among the absent.
More than 120 countries are members, including the UK and many European nations. Earlier on Friday, the ICC had called on its member states and global civil society to "stand united for justice and fundamental human rights."
International Criminal Court: What is the ICC and what does it do? It pledged to continue "providing justice and hope to millions of innocent victims of atrocities across the world".
Judges at the court have said there are "reasonable grounds" to suggest Netanyahu, his former defence minister Yoav Gallant, and Hamas' Mohammed Deif - who died last year - bear "criminal responsibility for alleged war crimes and crimes against humanity". The ICC last year issued arrest warrants for US-allied Israeli leaders, and a Hamas commander, over the war in Gaza.
But 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. ICC prosecutors have said there are "reasonable grounds" to suggest Netanyahu, his former defence minister Yoav Gallant, and Hamas's Mohammed Deif - who was killed last year - bear "criminal responsibility for alleged war crimes and crimes against humanity".
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". But a White House memo circulated on Thursday accused the ICC of creating a "shameful moral equivalency" between Hamas and Israel by issuing the warrants at the same time.
The order adds it "threatens to infringe upon the sovereignty of the United States" and "undermines" the national security and foreign policy work of the US and allies. Trump's order said the ICC's recent actions "set a dangerous precedent" which threatened to "infringe upon the sovereignty of the United States". It argued the ICC "undermines" the national security and foreign policy work of Washington and its allies.
The sanctions, announced while Netanyahu was in the US, place financial and visa restrictions on individuals and their families who assist in ICC investigations of American citizens or allies. The order also said the US and Israel "are thriving democracies with militaries that strictly adhere to the laws of war".
The move has been met with condemnation by many US allies, including the Netherlands and Germany. The sanctions were announced while Netanyahu was on a visit to Washington.
A spokesperson for Prime Minister Keir Starmer said the UK supported the independence of the ICC. The list of affected individuals has not yet been announced, but the sanctions could target people who work in ICC investigations. Sanctions could include financial and visa restrictions placed on individuals and their families.
The United Nations (UN) has called for the measure to be reversed, while Ursula von der Leyen, the European Commission president, said on X, external that the ICC "must be able to freely pursue the fight against global impunity". The court's technical and IT operations - including evidence gathering - could also be affected. Observers have voiced fears that victims of alleged atrocities may hesitate to testify.
But in a post on X, external on Friday, Israel's Foreign Minister Gideon Saar said he "strongly" commended Trump's executive order. The court's inaugural chief prosecutor has told the BBC how the rest of the world responds will be most important.
"It's a challenge for the all the state parties - for all Europe, UK, South Africa, Argentina, Brazil, Japan, New Zealand, Australia - are they going to let Mr Trump to become the global president?" Luis Moreno Ocampo told the BBC Newshour programme.
The UN has called for the measure to be reversed, while European Commission President Ursula von der Leyen said the ICC "must be able to freely pursue the fight against global impunity".
But Israeli 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".He claimed the ICC's actions were "immoral and have no legal basis", accusing the court of not operating "in accordance with international law".
Hungarian Foreign Minister Peter Szijjarto said on Facebook on Friday that Trump's decision was "absolutely understandable", alleging the ICC had "in recent times disguised itself as a biased political tool". Can Trump really take ownership of Gaza?
Hungary's government has received widespread criticism for retaining close ties to the Kremlin following its full-scale invasion of Ukraine, and has invited Netanyahu to visit despite the international arrest warrant. The US has repeatedly rejected any ICC jurisdiction over American officials or citizens, and has accused the court of placing constraints on Israel's right to self-defence, while ignoring Iran and anti-Israel groups.
A 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.
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.
During his first term in office, Trump imposed sanctions on ICC officials who were investigating whether US forces had committed war crimes in Afghanistan.During his first term in office, Trump imposed sanctions on ICC officials who were investigating whether US forces had committed war crimes in Afghanistan.
This included a travel ban and asset freezes against former chief prosecutor Fatou Bensouda.This included a travel ban and asset freezes against former chief prosecutor Fatou Bensouda.
Those sanctions were lifted by President Joe Biden's administration.Those sanctions were lifted by President Joe Biden's administration.
Last month, the US House of Representatives voted to sanction the ICC, but the bill foundered in the Senate. But during his last weeks in office, Biden also criticised the ICC's warrant for Netanyahu, calling the move "outrageous" and saying there was no equivalence between Israel and Hamas.
In response to efforts to what they described as attempts to challenge the ICC's authority, nine nations - including South Africa and Malaysia - launched the 'Hague Group' last month in an effort to defend the court and its rulings. In response to efforts to what they described as attempts to challenge the ICC's authority, nine nations - including South Africa and Malaysia - launched the Hague Group last month in an effort to defend the court and its rulings.
Can Trump really take ownership of Gaza? Trump's signing of his latest executive order follows his announcement of a plan for the US to "take over" Gaza, resettle its Palestinian population and turn the territory into the "Riviera of the Middle East".
During his last weeks in office, President Biden also criticised the ICC's warrant for Netanyahu, calling the move "outrageous" and saying there was no equivalence between Israel and Hamas.
Trump's executive order, meanwhile, said that "both nations [the US and Israel] are thriving democracies with militaries that strictly adhere to the laws of war".
The ICC prosecutor's case against Netanyahu and Gallant found reasonable grounds to believe that they "each bear criminal responsibility for the following crimes as co-perpetrators for committing the acts jointly with others: the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts".
It also found reasonable grounds to believe that "each bear criminal responsibility as civilian superiors for the war crime of intentionally directing an attack against the civilian population".
Trump's signing of his latest executive order follows his announcement during a joint press conference with the Israeli prime minister on Tuesday about a plan for the US to "take over" Gaza, resettle its Palestinian population and turn the territory into the "Riviera of the Middle East".
After Arab leaders and the UN condemned the idea, the US president restated it on his Truth Social social media platform on Thursday.After Arab leaders and the UN condemned the idea, the US president restated it on his Truth Social social media platform on Thursday.
In recent years, the court has 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.
Follow the twists and turns of Trump's second presidential term with North America correspondent Anthony Zurcher's weekly US Politics Unspun newsletter. Readers in the UK can sign up here. Those outside the UK can sign up here.Follow the twists and turns of Trump's second presidential term with North America correspondent Anthony Zurcher's weekly US Politics Unspun newsletter. Readers in the UK can sign up here. Those outside the UK can sign up here.