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World · International Law THE HAGUE, NETHERLANDS

US Sanctions the International Criminal Court Itself, Risking Its Collapse

Washington's move to blacklist the tribunal as an institution, not just its officials, prompted condemnation from the UN and allies and could force the release of detainees including former Philippine president Rodrigo Duterte.

US Sanctions the International Criminal Court Itself, Risking Its Collapse
The International Criminal Court headquarters in The Hague. — Photograph: OSeveno / Wikimedia Commons, CC BY-SA 3.0
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The United States on Friday imposed sanctions directly on the International Criminal Court as an institution, escalating a dispute that the ICC itself called "an assault on the rule of law" and that legal experts warned could force the release of detainees awaiting trial, including former Philippine president Rodrigo Duterte.

Secretary of State Marco Rubio said the sanctions — which bar US entities from providing the court with goods or services such as banking and software — were intended to "defend US sovereignty," accusing the International Criminal Court of seeking to prosecute Americans. "Either the ICC will end its threats, or we will end the ICC," Rubio said. Washington had already sanctioned 17 of the court's judges and officials individually, but Friday's move marks the first time it has targeted the institution itself, aiming to cripple its ability to operate financially. A six-month grace period before some measures take effect gives member states time to negotiate, the administration said.

A Court 'Will Not Be Deterred'

The ICC rejected the move as an attempt to disrupt its work and intimidate those who cooperate with it, saying in a statement that "history will judge this moment" and that it "will not be deterred." UN Secretary-General António Guterres called the sanctions "a serious blow to our collective pursuit of international criminal justice." The UK joined Canada, Denmark, Germany, France, Italy, Japan and the Netherlands in a joint statement reaffirming "continued and unwavering support" for the court and saying they "regret and strongly disagree" with Washington's decision. The announcement landed hours after former ICC judge Navi Pillay was named a winner of the 2026 Nobel Peace Prize for her work promoting international law.

The Trump administration has long been furious over an ICC investigation, since closed, into alleged US conduct in Afghanistan, and over arrest warrants the court issued for Israeli officials including Prime Minister Benjamin Netanyahu, who welcomed Friday's sanctions and called the ICC "not a court" but a political body. The new measures do not require those warrants to be dropped as a condition for relief.

Risk to Pending Trials

Legal scholars said the financial squeeze could ultimately force the court to release detainees if it cannot fund fair trials or appeals. Among those awaiting judgment in The Hague is Duterte, 81, accused of the extrajudicial killing of thousands during his "war on drugs" between 2011 and 2019, along with figures facing charges tied to Libya, Sudan and the Central African Republic.

"For the victims, it just has to be incredibly traumatic."

Ryan Goodman, NYU law professor and former Pentagon special counsel

The sanctions include carve-outs permitting continued detention operations for now, but Goodman said that protection may not hold if the court's finances collapse. The Netherlands, which hosts the court and is a NATO ally of Washington, faces particular pressure; its foreign minister said the sanctions would "seriously affect" the tribunal's ability to function.

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Ingrid Solheim · Nordic & Arctic Correspondent

Covers the Arctic, the Nordics and the politics of the far north for UBStandard — shipping lanes, energy and climate at the top of the map.

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