President Donald Trump has signed an executive order sanctioning the International Criminal Court (ICC), accusing it of “illegitimate and baseless actions targeting America and our close ally, Israel.” The measure imposes financial and visa restrictions on individuals and their families who assist in ICC investigations of American citizens or allies.
Trump signed the measure as Israeli Prime Minister Benjamin Netanyahu was visiting Washington. Last November, the ICC issued an arrest warrant for Netanyahu over alleged war crimes in Gaza, which Israel denies. The ICC also issued a warrant for a Hamas commander, according to BBC reports. A White House fact sheet circulated earlier on Thursday accused the Hague-based ICC of creating a “shameful moral equivalency” between Hamas and Israel by issuing the warrants at the same time.
Trump’s executive order stated that the ICC’s recent actions “set a dangerous precedent” by exposing Americans to “harassment, abuse, and possible arrest.” It further argued that “this malign conduct threatens to infringe upon the sovereignty of the United States and undermines the critical national security and foreign policy work of the United States government and our allies, including Israel.”
The order also noted that “both nations (the US and Israel) are thriving democracies with militaries that strictly adhere to the laws of war.” The US is not a member of the ICC and has repeatedly rejected the court’s jurisdiction over American officials or citizens.
The White House accused the ICC of restricting Israel’s right to self-defense while ignoring Iran and anti-Israel groups. Trump has repeatedly criticized the court and took steps to sanction the body during his first term in office. He imposed sanctions on ICC officials who were investigating whether US forces had committed war crimes in Afghanistan. Those sanctions were lifted by President Joe Biden’s administration.
Last month, the US House of Representatives voted to sanction the ICC, but the bill failed in the Senate. The ICC, founded in 2002 following the dissolution of Yugoslavia and the Rwandan genocide, was established to investigate alleged atrocities. Over 120 countries have ratified the Rome Statute, which constituted the ICC, while another 34 have signed and may ratify in the future. Neither the US nor Israel is a party to the Rome Statute. The ICC is a court of last resort, intervening only when national authorities cannot or will not prosecute.
During his time in office, President Biden also criticized the ICC’s warrant for Netanyahu, calling the move “outrageous” and stating that there was no equivalence between Israel and Hamas.
Trump’s signing of his latest executive order follows his announcement during a joint press conference with the Israeli Prime Minister on Tuesday of a plan for the US to “take over” Gaza, resettle its Palestinian population, and turn the territory into the “Riviera of the Middle East.”
After Arab leaders and the UN condemned the idea, Trump restated it on his Truth Social platform on Thursday, writing, “The Gaza Strip would be turned over to the United States by Israel at the conclusion of fighting.”
Trump signed the order while Netanyahu continued his visit to Washington, meeting lawmakers from both the Republican and Democratic parties on Capitol Hill. The Israeli Prime Minister also presented a golden pager to Trump, a reference to Israel’s deadly operation against Hezbollah in September last year, using booby-trapped communication devices.
Dozens of people were killed, and thousands were injured in the attacks. Israel stated the operation was tailored to hit only members of the Iran-backed group, while Lebanese officials claimed that civilians were among the victims.
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