U.S. sanctions on International Criminal Court officials | Explained

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International Criminal Court President Tomoko Akane speaks during an event in Osaka, western Japan July 27, 2026. | Photo Credit: Kyodo via Reuters

In the latest episode of the U.S. moving away from international organisations, the Donald Trump administration on Tuesday (August 18, 2026) announced sanctions on the two senior officials of the International Criminal Court (ICC), including its President Tomoko Akane of Japan and senior trial lawyer Abdoulaye Seye of Senegal.

U.S. Secretary of State Marco Rubio , in a statement, said that the two individuals “directly engaged in efforts by the ICC to investigate, arrest, detain, or prosecute officials whose government has not consented to ICC jurisdiction”.

While Mr. Rubio did not mention any specific person or body targeted by the international tribunal, the sanctions are pursuant to the U.S.’s Executive Order 14203 which was issued on February 6, 2025, and cited the ICC’s investigations against and arrest warrants on Israel’s Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant. The ICC has deplored the sanctions, calling it a “flagrant attack against the independence of an impartial judicial institution”.

An independent intergovernmental organisation headquartered in The Hague, Netherlands, the ICC was formed and functions on the basis of the Rome Statute, which was adopted at a United Nations conference in the Italian capital on July 1, 1998, and came into force on July 1, 2002.

The Statute has 137 signatories including the U.S. and Israel, and 125 members. The two allies are not members of the court despite being signatories since they have not ratified the document. Several other major countries, including India, China, and Russia, are also not part of the ICC. The court was established to investigate and prosecute individuals accused of committing serious crimes that concern the international community, including genocide, war crimes, and crimes against humanity. It has jurisdiction to try people from its member states and for crimes committed within the territory of its member states.

The court acts only if the state concerned “does not, cannot, or is unwilling” to prosecute individuals. When the court acts against an individual of a country that is not part of Rome Statute, the state may or may not decide to accept the proceedings. But for cases referred to the court by the UN Security Council, the court gets a flexible jurisdiction.

Mr. Rubio, in his statement announcing the latest sanctions, said that the court has made multiple attempts to assert authority over U.S. nationals and citizens of countries outside the court’s jurisdiction. This, the U.S. Secretary of State said, sets a dangerous precedent.

After the court issued arrest warrant against Mr. Netanyahu in November 2024, accusing the Israeli Prime Minister of being responsible for war crimes in Gaza including using starvation as a method of warfare and intentionally directing attacks on civilians, the U.S.