Civil society condemns US sanctions against the International Criminal Court

12 February 2025
Author: 
Coalition for the ICC
No one is above the law: ICC member states must act to protect the independence of the ICC.

On 6 February 2025, the United States (US) President issued an Executive Order seeking to implement sanctions against International Criminal Court (ICC) officials. 

The Coalition for the ICC condemns the issuance of this Executive Order by the US President and strongly urges ICC member states to speak up and act to safeguard victims’ access to justice and uphold the essential Rome Statute principle that no one is above the law.  

The ICC is an independent judicial institution tasked with delivering justice to victims of serious international crimes when they have nowhere else to turn. It is a critical court of last resort supported by 125 member countries and operating in more than 18 situations across the globe.   

Earlier this month, the Coalition and more than 150 of its members from around the world strongly opposed efforts by the US to impose sanctions related to the ICC and warned that such sanctions could severely affect the ability of the ICC to fulfil its crucial mandate in all situations where it operates. Sanctions against the ICC will impede victims’ access to credible and independent justice and are an affront to victims and survivors globally. Sanctions are a tool to be used against those responsible for the most serious international crimes, not against those seeking justice.   

We reiterate our call on the US to cease any effort, including through sanctions, to derail the ICC’s independent judicial processes. The United States should uphold its commitment “to accountability and to the peaceful cultivation of international order”, including by supporting access to justice for all victims and survivors of serious international crimes, including before the ICC. 

The 125 ICC member states have a collective duty and critical obligation to defend the ICC, its officials, and those cooperating with it from measures aimed at undermining the court’s vital mandate for justice, the Rome Statute system of international justice and global rule of law.  

Following the issuance of the executive order, ICC President Tomoko Akane stated, “The announced Executive Order is only the latest in a series of unprecedented and escalatory attacks aiming to undermine the Court’s ability to administer justice in all Situations. Such threats and coercive measures constitute serious attacks against the Court’s States Parties, the rule of law based international order and millions of victims.”  

ICC States Parties, the United Nations as well as the European Union (EU) have reaffirmed their continued and unwavering support for the Court and opposition to sanctions aimed at undermining the independence and integrity of the ICC. 

Now more than ever, unconditional, united and determined action is needed to address the effect of the new US sanctions and to protect the court and ensure that it can continue its work undeterred.  

The ICC’s 125 member states have a duty to protect victims’ access to justice around the world and must act by:   

  • Publicly condemning the imposition of sanctions against ICC officials seeking to undermine the Court and expressing strong, unconditional commitment to the ICC and its critical global mandate;   
  • Calling on the Trump Administration to reconsider sanctions against court officials and cease any efforts to undermine the court’s independence and essential work, while encouraging the United States to join the ICC and fully support victims’ access to justice;   
  • Cooperating fully with the ICC to consistently support the court’s work across all situations where the court acts, and call on all other relevant actors to do the same. This should include the execution of all the court’s decisions and requests, in particular pending arrest warrants, as well as harmonising domestic legislations with the Rome Statute, ratifying and implementing the Agreement on the Privileges and Immunities of the International Criminal Court (APIC), and signing all relevant voluntary cooperation agreements with the ICC; 
  • Adopting and/or implementing national and regional blocking statutes, such as the EU blocking statute, that aims to shield European operators from the effects of extraterritorial sanctions.  Blocking statutes and similar instruments can provide the Court and its partners with essential protection and send a powerful message that ICC member countries will not tolerate efforts to undermine the Court;    
  • Adopting any other protective measures at the domestic, regional or international level, and engage with domestic and regional service providers to ensure that they will continue working with the Court;  
  • Adopting and implementing measures and national frameworks to protect and defend those cooperating with and supporting the court, including civil society organisations and human rights defenders.     

 

The commitment of civil society and human rights defenders to justice and victims of atrocities remains as high as ever. The Coalition expresses its solidarity and support to victims, survivors, civil society and human rights defenders who are on the front lines of justice efforts and who may be impacted by these unfair sanctions and any threats against fair and accessible justice for all.  

See reactions to this development from around the globe: 

International Criminal Court

 

Civil Society

 

States Parties

 

European Union

 

United Nations