US sanctions ICC, threatens to dismantle court
An exterior view of the International Criminal Court in the Hague, Netherlands, March 31, 2021. REUTERS/Piroschka van de Wouw/File Photo
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The announcement, delivered by US Secretary of State Marco Rubio, comes amid heightened global attention on international justice, coinciding hours after former ICC judge and South African jurist Navi Pillay was awarded the Nobel Peace Prize for her work promoting human rights.
Pillay, who served as a judge at the court from 2003 to 2008, was recognised for her work promoting human rights and international justice.
According to Rubio, the sanctions are a necessary measure to protect American personnel - including military members, border agents, and political leaders - from what Washington views as the court's overreach.
Because the United States is not a party to the Rome Statute, the treaty that established the ICC, Washington has consistently maintained that the tribunal holds no legal authority over its citizens.
Rubio stated that the US had previously delayed taking harsher punitive steps in hopes that the court and its member states would heed Washington's objections. However, he claimed that no meaningful corrective steps had been taken, prompting the drastic financial and administrative measures.
“We will ban transactions with this rogue court, cutting off its resources and crippling its ability to operate. Either the ICC will end its threats, or we will end the ICC,” Rubio warned, adding that Washington could intensify its pressure if diplomatic solutions fail and calling on US allies within the ICC to intervene.
The ICC swiftly condemned the move, labeling the sanctions a “flagrant attack” and an assault on the rule of law and the international legal order. In a statement, the court warned that blocking its transactions and resources threatens its core mandate of investigating and prosecuting genocide, war crimes, crimes against humanity, and the crime of aggression.
ICC President Tomoko Akane defended the independence and impartiality of the institution, stressing that it acts strictly on the basis of law and evidence for the sake of victims of grave crimes.
“The Court will continue to fully discharge its mandate... acting only on the basis of the law and the evidence, for the sake of the countless victims of grave crimes,” Akane said.
The court has also appealed to its 125 member states to take concrete steps to safeguard its operations, ensure adequate resources, and protect individuals involved in its work from intimidation and disruption.
As the diplomatic standoff deepens, the future cooperation between global superpowers and the world's permanent war crimes tribunal faces an unprecedented test.

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