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Trump Sanctions Threaten ICC’s Future Amid Controversial Warrants
Sweeping measures could cripple the court as tensions rise over its jurisdictional overreach.
The International Criminal Court (ICC) is facing what some officials describe as an existential threat due to sanctions imposed by the Trump administration and additional measures being pursued by Congress. The court’s vulnerability has come under scrutiny following its controversial November 2023 decision to issue international arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant over their roles in the war against Hamas.
The ICC, based in The Hague and established by the Rome Statute, has drawn sharp criticism from both the U.S. and Israel, neither of which are signatories to the treaty. Both nations have warned the court to refrain from overreaching its jurisdiction into non-member states.
Last summer, the Republican-controlled House of Representatives passed legislation sanctioning senior ICC officials, barring them from entering the U.S. and conducting transactions with American financial institutions. Although the Democratic-majority Senate initially blocked the bill, the newly sworn-in Republican Majority Leader has pledged to push the legislation through.
More concerning for the ICC, however, are potential executive orders President Donald Trump could issue independently. According to ICC sources cited by The Guardian, these could extend beyond individual officials to target the court itself, barring American companies from collaborating with the ICC.
The ICC’s reliance on partnerships with American companies, including tech giant Microsoft, exposes critical vulnerabilities. Microsoft’s Azure cloud platform, which the court uses to store virtually all its evidence, could be affected by comprehensive sanctions. An ICC official remarked, “We essentially store all of our evidence in the cloud,” underscoring the devastating impact of losing access to such services.
Additionally, restrictions on American banks, insurers, and telecommunications companies could severely hamper the court’s ability to function.
The Trump administration appears poised to escalate its opposition to the ICC, restoring and expanding sanctions lifted during the Biden presidency. In 2020, Trump initially sanctioned ICC officials over an investigation into alleged war crimes by Americans in Afghanistan. Those sanctions were later reversed by President Biden, but Trump reinstated them as part of his broader campaign against what he views as ICC overreach.
By targeting the court’s foundational operations, Trump’s measures could bring the ICC’s activities to a standstill. For now, the court is preparing for the worst, while the broader international community watches to see how this unprecedented clash unfolds.
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