President Donald Trump has issued an executive order punishing the International Criminal Court, accusing it of “illegitimate and baseless actions targeting America and our close ally Israel.”
Individuals and their families who cooperate in ICC investigations of American citizens or allies face financial and visa restrictions under the proposal.
Trump signed the bill when Israeli Prime Minister Benjamin Netanyahu was visiting Washington.
Last November, the ICC issued an arrest order for Netanyahu for alleged war crimes in Gaza, which Israel disputes. The International Criminal Court recently issued a warrant for a Hamas commander.
The court’s judges found “reasonable grounds” to hold Netanyahu, his former defence minister Yoav Gallant, and Hamas’ Mohammed Deif “criminally responsible” for suspected war crimes and crimes against humanity.
Hamas has confirmed Deif’s death from an Israeli airstrike last year.
The International Criminal Court (ICC) is a global court that can prosecute genocide, crimes against humanity, and war crimes.
In recent years, it has also issued arrest warrants for Russian President Vladimir Putin for alleged war crimes in Ukraine, Taliban leaders for “persecuting Afghan girls and women,” and Myanmar’s military commander for atrocities against Rohingya Muslims.
The US and Israel are not members of the court, but more than 120 countries are, including the United Kingdom and numerous European states.
The Netherlands, which hosts the court, stated that 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 document released on Thursday accused the Hague-based ICC of creating a “shameful moral equivalency” between Hamas and Israel by issuing the warrants simultaneously.
According to Trump’s executive order, the ICC’s previous actions “set a dangerous precedent” that endangers Americans by exposing them to “harassment, abuse, and possible arrest.”.
“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” supported Trump’s executive order.
He stated the ICC’s actions were “immoral and have no legal basis” and that the court did not operate “in accordance with international law.”
The United States has consistently denied the body’s authority over American officials and citizens, accusing the ICC of restricting Israel’s right to self-defence while ignoring Iran and anti-Israel groups.
While the United States is not a member of the International Criminal Court, the former clerk to the court’s first top prosecutor cautioned that the sanctions might have “a profound practical impact” on the organisation’s 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.
During his first term in office, Trump slapped penalties on ICC officials investigating whether US forces committed war crimes in Afghanistan. The sanctions were withdrawn by President Joe Biden’s administration.
Last month, the US House of Representatives voted to penalise the ICC, but the bill failed in the Senate.
In reaction to what they saw as attempts to undermine the ICC’s authority, nine nations, including South Africa and Malaysia, formed the ‘Hague Group’ last month to defend the court and its decisions.
According to Trump’s executive order, “both nations [the US and Israel] are thriving democracies with militaries that strictly adhere to the laws of war.”.
During his final weeks in office, Biden also condemned the ICC’s warrant for Netanyahu, calling it “outrageous” and claiming that Israel and Hamas are not comparable.
The ICC prosecutor’s case against Netanyahu and Gallant found reasonable grounds to believe that “each bears 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 established reasonable grounds to assume that “each bears criminal responsibility as civilian superiors for the war crime of intentionally directing an attack against the civilian population.”
Trump’s latest executive order follows his declaration during a joint press conference with Israel’s prime minister on Tuesday about a plan for the US to “take over” Gaza, resettle its Palestinian inhabitants, and transform the territory into the “Riviera of the Middle East.”
After Arab leaders and the UN denounced the notion, the US president reiterated it on his Truth Social social media platform on Thursday.
“The Gaza Strip would be turned over to the United States by Israel at the conclusion of fighting,” Trump wrote, referring to the war between Israel and Hamas that is currently under a ceasefire.
He reiterated that the proposal would include resettling Palestinians and that no American troops would be deployed.
His article did not specify if the two million Palestinian residents of the land would be invited to return, prompting officials to explain.
Karoline Leavitt, White House press secretary, said on Wednesday that any displacement would be brief.
Secretary of State Marco Rubio claimed Gazans will leave for an “interim” time while rehabilitation was underway.
Netanyahu lauded Trump’s “remarkable” proposal to remake Gaza. On Thursday, Israeli Defence Minister Israel Katz directed the military to prepare for the “voluntary departure” of Gaza inhabitants.
He stated that the strategy would encompass departures by land, sea, and air.
Trump signed the order as Netanyahu continued his visit to Washington, meeting with members from both the Republican and Democratic parties on Capitol Hill.
The Israeli Prime Minister also handed Trump a golden pager.
The president referred to Israel’s devastating operation against Hezbollah in September of last year, which used booby-trapped communications gear.
According to Lebanese officials, the assaults killed dozens of people and injured thousands more, including several civilians.
