The International Criminal Court (ICC) is an intergovernmental organization housed in The Hague, Netherlands. It is a permanent international court with jurisdiction to prosecute individuals for genocide, acts of aggression, crimes against humanity and war crimes. The ICC is not affiliated with The International Court of Justice, an organ of the United Nations, that mediates disputes between member states.
The ICC was adopted at a diplomatic conference in Rome on July 17, 1998 and went live July 1 2002. The ICC can only investigate and prosecute the four core international crimes in situations where states are “unable” or “unwilling” to do so themselves. The jurisdiction of the court is complementary to jurisdictions of domestic courts. The court has jurisdiction over crimes only if they are committed in the territory of, by a national of, or on a vessel registered under a state party or a non-party that has accepted the jurisdiction of the Court, or if the United Nations Security Council makes a referral.
Neither the US nor Israel is an ICC member.
For various reasons, including a potential constitutional conflict, the US is not a member. The conservative Heritage Foundation (progenitor of Project 2025) claims the United States participation in the ICC treaty regime would be unconstitutional because it would allow the trial of U.S. citizens for crimes committed on U.S. soil, which are otherwise entirely within the judicial power of the United States. The Supreme Court has long held that only the courts of the United States, as established under the Constitution, can try such offenses
Trump Imposed Sanctions on ICC staff – 02/06/2025
Trump announced the sanctions after hosting Israel’s Prime Minister Benjamin Netanyahu – the first foreign leader to visit him since returning to power. Last year, the ICC issued an arrest warrant for Netanyahu over war crimes in Gaza along with a Hamas commander. The Trump Administration has condemned the court’s “shameful moral equivalency” between Israel and Hamas.
Netanyahu Warrant:
The raw brutality of Israel’s war on Gaza provided renewed impetus for Palestine to push the ICC to act, as Palestinian leaders presented detailed evidence of civilian casualties, destruction of infrastructure, and widespread human suffering inflicted by the Israeli army.
This significant development could not have occurred without action taken by the State of Palestine, which played a key role in advancing the legal arguments and evidence that led to the issuance of the arrest warrants. Through sustained diplomatic and legal advocacy, Palestine, which gained UN Observer status in 2012, was instrumental in bringing the alleged crimes under the jurisdiction of the ICC, ultimately prompting the Court’s intervention.
Sanctions Push Back, Not So Fast:
| Dozens of countries expressed their “unwavering support” for the ICC today (2/7/2025), a day after U.S. President Donald Trump authorized potentially far-reaching economic and travel sanctions against the court’s staff. “We reaffirm our continued and unwavering support for the independence, impartiality and integrity of the ICC,” a group of almost 80 countries said in a joint statement. |
| Senate Democrats stood up on Tuesday following the Trump administration’s sweeping freeze on federal aid by tanking a vote to sanction the International Criminal Court and promising there might be similar moves to come if the White House does not slow down. |
Now, if we can get a few more in congress to acknowledge truth and principle and to act accordingly, we might be able to keep a lid on the mendacity.