Context:
Former U.S. President Donald Trump has signed an executive order imposing sanctions on officials investigating the US and its allies, particularly after the recent arrest warrants issued by the court’s presiding judge against Israeli Prime Minister Benjamin Netanyahu and a former Israeli defense minister for their alleged roles in the Gaza conflict.
Key Highlights:
- Sanctions on ICC Officials
- Denies visas and freezes assets for ICC employees and their family members involved in cases against US citizens or partners. It’s a revival of a Trump era policy from his first term opposed to the ICC’s jurisdiction over the United States.
- It is a direct response to the investigation into Israel’s military actions in Gaza by the ICC.
- Justification by the US Government
- White House argues that the ICC is drawing a false equivalency between the Israeli leaders and Hamas which is considered a terrorist organization by the US.
- US government does not recognize the conflict of the ICC jurisdiction over non member states as illegitimate.
- International Reaction
- ICC Response: The court condemned the sanctions, calling them an attack on its independence and impartiality.
- European Union (EU): European Council President AntĂłnio Costa condemned the US, saying the sanctions undermine international criminal justice.
- Several EU leaders expressed concern that Trump’s action threatens the ICC’s credibility.
- Political Implications
- An expression of the broader foreign policy stance common to Trump, wherein national sovereignty is put before international legal institutions. Represented another shift in the US-Israel alliance, during a period in which Israel is under international legal scrutiny concerning its actions in Gaza.
International Criminal Court (ICC)
International Criminal Court is an independent international, international criminal law tribunal with The Hague, Netherlands base. The base was established through the 2002 Rome Statute, where Individuals may be prosecuted based on their genocide crimes against humanity, war, crimes and aggression. International Court of Justice that was created to assist in disputes regarding states.
- President
- Tomoko Akane
- Member States
- 125
History
- Early Ideas (1919–1948)
- Early thought toward an international court following World War I and World War II caused establishment of the Nuremberg and Tokyo trials.
- The threat of a Cold War halted the creation of a permanent tribunal during the 1950s through 1980s.
- Revival & Rome Statute (1989–1998)
- Work began again in 1989 with the submission of the idea by Trinidad and Tobago. The Rome Statute was accepted in 1998, where 120 countries voted for it, and the ICC became official in 2002.
Structure & Functioning
The ICC has four key bodies:
- Presidency – Judges who are elected to supervise the administration.
- Judicial Division – There are 18 judges that try and appeal.
- Office of the Prosecutor – Conducts investigations and prosecutes cases.
- Registry – Provides administrative services, including witness protection and legal aid.
