The Trump administration has announced sanctions against four judges at the International Criminal Court (ICC), in response to the tribunal’s ongoing investigation into alleged war crimes by Israel during its conflict with Hamas in Gaza and the West Bank.
Sanctions Against ICC Judges
The U.S. State Department stated on Thursday that the sanctions would freeze any assets the ICC judges from Benin, Peru, Slovenia, and Uganda may have within U.S. jurisdictions. The move marks the latest in a series of actions taken by the Trump administration to punish the ICC and its officials for conducting investigations involving Israel and the United States.
In a statement, Secretary of State Marco Rubio criticized the ICC, calling the court’s actions against Israel and the U.S. “illegitimate and baseless.” Rubio added, “The ICC is politicized and falsely claims unfettered discretion to investigate, charge, and prosecute nationals of the United States and our allies.”
He argued that the ICC’s attempts to prosecute individuals like Israeli officials infringe upon the sovereignty and national security of both the U.S. and its allies, including Israel.
Background on the Investigation
The ICC investigation centers around alleged war crimes committed by Israeli forces in Gaza and the Palestinian territories following a Hamas attack on Israel in October 2023.
One of the key elements of the investigation is the arrest warrant issued for Israeli Prime Minister Benjamin Netanyahu, accusing him of war crimes related to Israel’s military response. Israel has denied these allegations, rejecting the ICC’s authority.
A History of Tensions Between the U.S., Israel, and the ICC
Both the U.S. and Israel are not members of the International Criminal Court and do not recognize its legitimacy. The court’s decision to investigate Israel over its military actions in Gaza and the West Bank has long been a point of contention.
As part of previous efforts to challenge the ICC, the Trump administration also placed the ICC’s chief prosecutor, Karim Khan, on the U.S. sanctions list in February 2024, barring him from doing business with Americans and imposing restrictions on his travel to the U.S.
Khan, who was the prosecutor overseeing the investigation into Israel, stepped aside last month amid an investigation into alleged sexual misconduct.
Targeted Judges at the ICC
The latest sanctions specifically target four ICC judges who have been involved in decisions related to the investigation into Israel. They are:
- Reine Alapini-Gansou (Benin): Alapini-Gansou was part of the pretrial chamber that issued the arrest warrant for Netanyahu. She also approved the investigation into alleged Israeli crimes in Palestinian territories in 2021.
- Beti Hohler (Slovenia): Elected as an ICC judge in 2023, Hohler previously worked in the prosecutor’s office, leading to Israel’s objections to her involvement in cases concerning Israeli officials. Hohler denied working on the investigation into Palestinian territories.
- Bouth Luz del Carmen Ibáñez Carranza (Peru) and Solomy Balungi Bossa (Uganda): Both are appeals judges at the ICC and have worked on cases involving Israel.
ICC’s Response
Shortly after the announcement of the sanctions, the ICC condemned the U.S. actions, calling them a “clear attempt to undermine the independence of an international judicial institution.” Fadi El Abdallah, an ICC spokesperson, emphasized that these sanctions were an attempt to interfere with the court’s ability to perform its duties impartially.