Di United States government under President Donald Trump don drop fresh sanctions on di International Criminal Court itself, no be only judges or officials. Secretary of State Marco Rubio talk say di measure go ban US entities from making transactions with di ICC, cut off resources and cripple di court ability to operate against America.
Rubio yarn say di court na rogue court and fake ICC, and America and American people no dey under its jurisdiction. He talk: ‘Either the ICC will end its threats, or we will end the ICC.’
Before dis latest move, Washington don already sanction 17 ICC judges and officials. But dis one sanction di court as institution. E block all property and interests in property wey di ICC get for US, and e stop US companies from giving goods or services like banking or software to di court.
Di ICC reply say di sanctions na assault on rule of law and foundations of international legal order. Di court talk say di measures dey aimed at disrupting its work and intimidating those who cooperate with it, but e ‘will not be deterred.’ ICC add: ‘History will judge this moment.’
UN Secretary General Antonio Guterres call di US decision ‘a serious blow to our collective pursuit of international criminal justice, of which the ICC is a key pillar.’
Di announcement happen just hours after former ICC judge Navi Pillay win di 2026 Nobel Peace Prize for her work to promote peace and international law. Nobel judges say di prize come at a time when judges and institutions of international law dey under political attack.
UK join Canada, Denmark, Germany, France, Italy, Japan and Netherlands to reaffirm their ‘continued and unwavering support’ for di ICC. Dem say dem regret and strongly disagree with di sanctions, and praise court staff for work to bring those accused of most serious international crimes to justice and support victims.
Netherlands, wey host di court for The Hague and be Nato ally of US, dey face particular pressure. Dutch Foreign Minister Tom Berendsen talk say di sanctions go seriously affect di court ability to function.
Israeli Prime Minister Benjamin Netanyahu welcome di sanctions. He say di ICC no be court but political body wey threaten law-abiding democracies and ‘the very idea of national sovereignty.’
Di Trump administration argue say di ICC dey run by globalists wey threaten American sovereignty. Washington dey angry over past investigation into actions of US soldiers for Afghanistan, though di court don close am, and over arrest warrants for Israeli officials including Netanyahu and former Defence Minister Yoav Gallant for war crimes for Gaza.
Di new sanctions no talk say dem must withdraw those warrants before dem fit lift di measures. But Rubio say Trump no go allow ICC to prosecute Americans. US also provide six month grace period before some sanctions kick in, so member states fit keep paying for ICC operations. Washington say di grace period na to allow countries time to negotiate solution to address US concerns.
ICC get 125 member states. E found in 2002 to prosecute war crimes, crimes against humanity and genocide. Several major countries no dey inside, including US, Russia, China, India and Israel.
Some rights groups don challenge previous sanctions for US federal court, saying restricting how US citizens interact with court treads on their constitutional freedoms. Sanctioned ICC judges also launch legal challenges for US.
Deputy prosecutor Nazhat Shameem Khan tell Reuters say di sanctions ‘must be condemned.’ She talk say dem dey intended to undermine rule of law internationally and work of independent judicial institution. Khan add say ICC work go continue across all situations, investigations and prosecutions.
Mark Kersten, international law expert and professor for University of Fraser Valley for British Columbia, Canada, tell Al Jazeera say ICC advocates don fear direct sanctions on court itself since Trump take office for second term for January last year. He talk: ‘This was the number one concern… the worst-case scenario has come about.’
US also urge other countries to withdraw from court, suggesting e go assess allies relationship with court when determining foreign assistance. For July, Chad and Venezuela move to withdraw from court, following Burkina Faso, Mali and Niger.
Professor Ryan Goodman from New York University School of Law talk say di sanctions could ultimately see ICC unable to try cases, meaning detainees awaiting trial or judgment could have to be released. Among those awaiting trial for The Hague na Rodrigo Duterte, former president of Philippines. Di 81-year-old dey accused of extrajudicial killing of thousands during him ‘war on drugs’ between 2011 and 2019.
Others awaiting trial or with pending appeals include former senior figures accused of war crimes for Libya, Sudan and Central African Republic. Goodman talk say as senator, Rubio was ‘out front’ highlighting Duterte alleged crimes. He tell BBC say such release go be ‘enormously damaging to global effort towards international justice [and] towards Philippines.’
Among carve-outs announced as part of today sanctions are licenses allowing ICC to continue services for operation of facilities used for detention of Duterte and others. But Goodman talk say ultimately these detainees may have to be released ‘as a matter of law’ if financial sanctions mean court cannot conduct fair trials or appeals.
William Schabas, professor of international law for Middlesex University for London, talk say e no immediately clear how impactful sanctions go be. He talk say court don prepare for di eventuality for over a year. ‘They have been developing a plan B on how to get around this,’ Schabas tell Al Jazeera. Dat plan include migrating some US-made software to European alternatives and recently ending relationship with French health and life insurance company Axa, wey dey do business with US.
Di State Department talk say exemptions dey meant to ‘provide time for States Parties to demonstrate meaningful progress on diplomatic and legal resolutions that address fundamental US concerns regarding the ICC.’
