UN Experts Condemn U.S. Sanctions on ICC as Threat to Global Justice

“The order is an attack on the global rule of law and strikes at the very heart of the international criminal justice system,” the experts declared.

United Nations experts voiced profound alarm today following the U.S. President's signing of an Executive Order authorizing sanctions against the International Criminal Court (ICC), its personnel, and any individuals or entities cooperating with it. The experts warned that the decision represents a direct assault on the global rule of law and undermines efforts to achieve justice for victims of war crimes and crimes against humanity worldwide.

"The order is an attack on the global rule of law and strikes at the very heart of the international criminal justice system," the experts declared. "The financial restrictions it imposes will obstruct the ICC's investigations into heinous crimes committed around the world, including those targeting women and children."

Executive Order Declares ICC Investigations a National Threat

On January 6, the U.S. President signed an Executive Order stating that "any effort by the ICC to investigate, arrest, detain, or prosecute protected persons… constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States." The order declares a national emergency to counter this perceived threat and directs U.S. allies to oppose ICC actions against the United States, Israel, or any other non-consenting allied nation.

"The jurisdiction of the ICC has been litigated and settled by rulings of the ICC itself, and is not exercised contrary to international law," the experts emphasized. "By sanctioning the ICC, the U.S. President is gravely undermining the 'never again' legacy of Nuremberg, a cornerstone of international criminal law since 1945."

Sanctions Undermine Justice for Victims Worldwide

The experts warned that the Executive Order effectively shields war criminals from accountability by targeting the very institution tasked with prosecuting them. "With this order, the U.S. has empowered war criminals by seeking to punish the ICC, denying justice and reparation to thousands of victims around the world, including women and children," they said. "This action mocks the decades-long quest to prioritize law over force and atrocity."

They stressed that "justice must apply equally to all, without exception," adding, "upholding international law is not a selective process—it is a shared responsibility that strengthens, rather than threatens, global security, including that of the United States."

Global Support for ICC's Role in Upholding International Law

The experts welcomed the widespread expressions of solidarity and support for the ICC from other UN Member States, underscoring the global community's recognition of the Court's critical role in ensuring accountability for the gravest international crimes.

The ICC is mandated to investigate and prosecute individuals for genocide, war crimes, crimes against humanity, and aggression. "Legal professionals at the ICC work tirelessly to drive accountability and justice across the globe," the experts said. "Our efforts to uphold international law rely upon the dedication of ICC prosecutors."

Violation of Judicial Independence and Human Rights

The experts argued that imposing sanctions on ICC personnel for performing their legal duties constitutes a blatant violation of human rights and a direct assault on the principles of judicial independence and the rule of law.

They noted that the U.S. sanctions appear to violate Article 70 of the Rome Statute, which criminalizes efforts to impede, intimidate, or retaliate against Court officials for their duties. "These sanctions represent offenses against the administration of justice and must be condemned as such," they stated.

The experts have formally communicated their concerns to the United States, urging the administration to reconsider its position and respect the foundational principles of international justice.