In a decisive move, President Donald Trump has signed an executive order imposing sanctions on the International Criminal Court (ICC), alleging that the court is engaged in “illegitimate and baseless actions targeting America and our close ally Israel.” This measure, which places financial and visa restrictions on individuals who assist in ICC investigations involving American citizens or allies, comes during a visit from Israeli Prime Minister Benjamin Netanyahu to Washington.
The ICC recently issued an arrest warrant for Netanyahu related to alleged war crimes in Gaza, a claim that Israel vehemently denies. Additionally, a warrant was released for a Hamas commander. This context has heightened tensions, prompting the White House to issue a memo that accused the Hague-based ICC of creating a “shameful moral equivalency” between Israel and Hamas.
ICC’s actions provoke U.S. response
Trump’s executive order articulates that the ICC’s recent actions “set a dangerous precedent,” potentially exposing Americans to “harassment, abuse and possible arrest.” The order further states that such conduct undermines the critical national security and foreign policy efforts of the United States, as well as its allies, particularly Israel.
“This malign conduct in turn threatens to infringe upon the sovereignty of the United States,” the order declared.
The United States has never been a member of the ICC and has consistently rejected the court’s authority over American officials or citizens. The White House has accused the ICC of infringing on Israel’s right to self-defense while overlooking threats from Iran and anti-Israel groups.
Background and implications
During his first term, Trump imposed similar sanctions on ICC officials investigating alleged war crimes by U.S. forces in Afghanistan, sanctions that were later lifted by President Joe Biden’s administration. Recently, the U.S. House of Representatives voted on a bill to sanction the ICC; however, the proposal failed to advance in the Senate.
Although over 120 countries are members of the ICC, including numerous European nations, both the U.S. and Israel have opted out. The ICC is intended to serve as a court of last resort, intervening only when national authorities are unable or unwilling to prosecute.
Trump’s executive order also highlights that both the United States and Israel are “thriving democracies with militaries that strictly adhere to the laws of war.” In a related development, President Biden criticized the ICC during his final weeks in office, calling the warrant for Netanyahu’s arrest “outrageous” and emphasizing the absence of equivalence between Israel and Hamas.
Trump’s signing of this executive order coincides with his recent announcement regarding plans for the U.S. to “take over” Gaza, advocating for the resettlement of its Palestinian population and envisioning the territory as the “Riviera of the Middle East.” Following widespread condemnation from Arab leaders and the U.N., Trump reiterated this plan on his Truth Social platform.
On this platform, he stated, “The Gaza Strip would be turned over to the United States by Israel at the conclusion of fighting,” referring to the ongoing conflict between Israel and Hamas, which is currently under a ceasefire. He outlined plans for the resettlement of Palestinians, insisting that no American troops would be deployed. However, uncertainty remains regarding whether the two million residents of Gaza would be invited to return, prompting officials to clarify the situation.
White House Press Secretary Karoline Leavitt assured that any displacement for Gazans would be temporary, while Secretary of State Marco Rubio indicated that Gazans would need to leave for an “interim” period during reconstruction efforts. Netanyahu has praised Trump’s ambitious plan for Gaza, with Israeli Defence Minister Israel Katz instructing the military to prepare for the “voluntary departure” of Gaza’s residents by land, sea, and air.
As Netanyahu continues his visit to Washington, he has also engaged with lawmakers from both the Republican and Democratic parties on Capitol Hill and presented Trump with a golden pager, a gesture referencing Israel’s military operations against Hezbollah last September, which resulted in numerous casualties.