THE HAGUE/WASHINGTON: The United States is weighing sanctions as soon as this week against the entire International Criminal Court, a move that could disrupt the court’s daily operations in retaliation for its investigations into alleged Israeli war crimes.
Washington has already imposed targeted sanctions on several prosecutors and judges, but designating the court itself would mark a significant escalation.
Six sources with knowledge of the matter, all speaking on condition of anonymity to discuss a sensitive diplomatic issue that has not been publicly announced, said a decision on such "entity sanctions" was expected soon.
A source said court officials had already held emergency internal meetings to discuss the impact of potential blanket sanctions. Two other sources said meetings had also been held of court member state diplomats.
One US official, speaking on the condition of anonymity to discuss sensitive matters, confirmed that entity-wide sanctions were being weighed but did not elaborate on the timing of the possible move.
A State Department spokesperson accused the court of asserting “purported jurisdiction” over U.S. and Israeli personnel. The spokesperson said Washington would take additional steps but declined to specify what.
“The ICC has the opportunity to change course by making critical and appropriate structural changes. The United States will take further action to protect our service members and others as long as the ICC continues to threaten our national interests,” the spokesperson said.
Court braces for operational disruptions
Sanctioning the court as an entity could affect its basic functions, from paying staff to accessing bank accounts and office software.
To mitigate potential fallout, court staff were paid in advance for the remainder of 2025, three sources said. It is not the first time the ICC has made early payments in anticipation of possible sanctions.
The court is also exploring alternative providers for banking and software services, according to three sources, Reuters reported.
The ICC, based in The Hague, has indicted Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, along with leaders of Hamas, for alleged crimes committed during the Gaza conflict.
Washington has previously sanctioned court officials over cases involving Israel and a separate probe into alleged crimes in Afghanistan, which initially examined actions by US forces.
ICC states push back at UN
Three diplomatic sources said some of the ICC's 125 member countries would try to push back against additional US sanctions during a U.N. General Assembly in New York this week.
But all indications are that Washington will scale up its attack on the ICC, four diplomatic sources in The Hague and New York said.
"The road of individual sanctions has been exhausted. It is now more about when, rather than if, they will take the next step," a senior diplomat said.
US Secretary of State Marco Rubio has called the court "a national security threat that has been an instrument for lawfare" against the United States and its ally Israel.
The court was founded in 2002 under a treaty giving it jurisdiction to prosecute genocide, crimes against humanity and war crimes that were either committed by a citizen of a member state or had taken place on a member's territory.
Israel and the United States are not members. The court recognizes the state of Palestine as a member and has ruled that this gives it jurisdiction over actions on Palestinian territory. Israel and the United States reject this.
In February, the White House imposed sanctions on the court's lead prosecutor, Karim Khan, who had requested the warrants against Netanyahu and Gallant. Khan is on leave amid an ongoing investigation into sexual misconduct allegations which he denies.
