The United States has taken an unprecedented step by sanctioning four International Criminal Court judges. This move further heightens the already frosty relations between Washington and The Hague. Already, the ICC has issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu. This news follows the court’s recent probe into U.S. troops’ alleged war crimes in Afghanistan. The European Union is equally firmly in favor of the sanctions. In their capacity as activists, they impress upon us the necessity of the ICC’s independence in the fight for international justice.
January 20, President Donald Trump was inaugurated for his second term. He immediately moved to impose sanctions on an ICC official. For the first time ever, four judges worldwide have been sanctioned by the U.S. They are Solomy Balungi Bossa of Uganda, Luz del Carmen Ibanez Carranza of Peru, Reine Alapini-Gansou of Benin and Beti Hohler of Slovenia. These judges now appear on a list of specially designated sanctioned persons. This designation would in turn freeze any U.S. assets they might hold.
Last week, the U.S. State Department announced sweeping new sanctions. For Under Secretary of State Marco Rubio, these officials alleged that judges were participating in “illegitimate and baseless actions” against the U.S. and allies. This move is still quite significant, as it is part of a much broader strategy. It has been used in the past to block U.S. trade bans with Cuba, Iran and other countries.
These sanctions are highly consequential on the judges’ financial dealings. To do that, they’ll run into an automated screening service that banks globally have adopted in droves. This makes it even more difficult for them to open or keep bank accounts and carry out money transfers. The collateral effect of these sanctions illustrates just how pernicious is the U.S. government’s anti-ICC posture.
The sanctions came after the ICC announced that it would be pursuing new arrest warrants for Netanyahu and former Israeli Defense Minister Yoav Gallant. The Trump administration countered that these actions justified a counterpunch. The relationship had already been extremely strained by the ICC’s current investigation into alleged war crimes in Afghanistan. The U.S. has long opposed any ICC action that it perceives as aimed at its own personnel.
The president of the European Council, Antonio Costa, voiced strong support for the ICC, calling it a “cornerstone of international justice.” He stressed the importance of defending its autonomy and rigor in the face of outside influence.
Ursula von der Leyen, president of the European Commission, reiterated the EU’s commitment to the ICC and its role in holding perpetrators accountable for severe crimes. She stated, “The ICC holds perpetrators of the world’s gravest crimes to account & gives victims a voice.” Furthermore, she underscored that “it must be free to act without pressure,” reinforcing the EU’s position against actions perceived as undermining the court’s authority.
Even Volker Turk, the new high commissioner for human rights at the United Nations, joined the chorus condemning the U.S. sanctions. He stated that “attacks against judges for performance of their judicial functions, at national or international levels, run directly counter to respect for the rule of law and the equal protection of the law – values for which the US has long stood.” He further noted that “such attacks are deeply corrosive of good governance and the due administration of justice.”
