International Criminal Court: New US sanctions ‘a flagrant attack’ against its independence

The International Criminal Court (ICC) on Wednesday responded to a new round of US sanctions targeting its president and a senior prosecutor, calling them “a flagrant attack” against the court.

“These sanctions are a flagrant attack against the independence of an impartial judicial institution which operates pursuant to the mandate conferred by its States Parties from across regions,” the ICC wrote in a statement.

Established in 2002 under the Rome Statute, the ICC is a separate institution and not part of the UN, although the Security Council may refer cases to the court.

With the consent of countries that have signed the Rome Statute, the ICC prosecutes individuals for genocide, war crimes, crimes against humanity and the crime of aggression.

UN Spokesperson Stéphane Dujarric told reporters on Wednesday that Secretary-General António Guterres was seriously concerned at the latest US action “as well as the ongoing designation of other International Criminal Court employees.”

The US, which is not a party to the Rome Statute, has expressed concerns that the ICC is a threat to its national sovereignty. It worries the Court could prosecute US citizens for grave crimes allegedly committed in countries that – unlike the US – recognize the court’s authority.

On Tuesday, US Secretary of State Marco Rubio announced fresh sanctions against ICC President Tomoko Akane and senior trial lawyer Abdoulaye Seye. Washington had previously sanctioned former top prosecutor Karim Khan, who has since been dismissed from his post. 

According to media reports, Mr. Seye has played a role in the investigation into Israeli funding for illegal settlements in the West Bank and the alleged distribution of weapons to settlers.

In November 2024, the ICC led by prosecutor Khan issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant, alleging war crimes relating to the war against Hamas in Gaza.