On Thursday, President Trump signed an executive order to impose sanctions on the International Criminal Court (ICC) over its investigations into Israeli war crimes.
Trump sanctioned officials of the Hague-based court during his first term in office over an ICC investigation into war crimes committed by all sides, including the US, in Afghanistan.
The Biden administration reversed Trump’s sanctions in 2021 and cooperated with the court against Russia but opposed the ICC issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for their role in the genocidal war in Gaza.
The ICC also sought warrants for three senior Hamas officials over their role in the October 7 attack on southern Israel, but all three have been killed by Israel.
In his order, Trump accused the ICC of engaging in “illegitimate and baseless actions targeting America and our close ally Israel.” The president referenced previous preliminary investigations into the US and Israel, which didn’t go anywhere, and said the ICC “further abused its power by issuing baseless arrest warrants.”
Trump said the ICC has “no jurisdiction over the United States or Israel” since neither country is a member of the court. However, the State of Palestine, which consists of the Israeli-occupied West Bank and Gaza, became a member of the ICC in 2015, and the warrants are related to war crimes that happened in Gaza.
The order said that the US would “impose tangible and significant consequences on those responsible for the ICC’s transgressions, some of which may include the blocking of property and assets, as well as the suspension of entry into the United States of ICC officials, employees, and agents, as well as their immediate family members.”
Trump also referenced the 2002 American Servicemembers’ Protection Act, nicknamed The Hague Invasion Act, which authorizes the US to use “all means necessary” to free any US or allied government officials or military personnel detained on behalf of the ICC.
Since the US has supported Israel’s destruction in Gaza, any legal action against Israeli officials implicates the US, which is why the Biden administration also strongly opposed the ICC’s efforts and the genocide case at the International Court of Justice.
