With ICC sanctions, Trump wants to make the world safe for war criminals | Kenneth Roth

The United States is on a mission to safeguard American and Israeli officials, despite the international criminal court's efforts, as the Trump administration has imposed sanctions on two more senior ICC officials. This growing list of sanctioned jurists – now totaling 13 – only amplifies the lawless nature of this quest. The latest targets are the ICC president, Tomoko Akane of Japan, and Abdoulaye Seye of Senegal, a senior ICC trial lawyer, who are sanctioned for advancing the prosecution of Israeli officials.

However, the true victims are the global community that relies on the court to hold unscrupulous leaders accountable for mass atrocities. The sanctions primarily strip the targeted individuals of access to the international financial system, making it nearly impossible to navigate the modern economy. The US administration's sole aim is to shield public officials who commit war crimes and perpetrate atrocities, rather than bringing them to justice.

Marco Rubio, the US secretary of state, uses high-sounding rhetoric about the ICC threatening "America's sovereignty." However, this concern is only valid if Americans and Israelis possess a sovereign right to commit war crimes anywhere they wish. The administration's main complaint is that the ICC can investigate, arrest, detain, or prosecute officials who lack consent from their governments.

While this is true, it only holds merit under a narrow interpretation of the court's jurisdiction acquisition. When a country joins the ICC, it voluntarily accepts the court's jurisdiction over its citizens. Furthermore, when a country becomes a member, it implicitly grants jurisdiction to the court over crimes committed on its territory, even by foreigners.

This is not a controversial stance, as nations enforce their laws on their territories. The US government never objected to the court's territorial jurisdiction when it was convenient for them, such as in the case of prosecuting Vladimir Putin for the kidnapping of children from Ukraine. However, Trump has suddenly deemed territorial jurisdiction "toxic" in cases involving Israeli officials, such as Benjamin Netanyahu and Yoav Gallant, who are accused of starving and depriving Palestinian civilians in Gaza.

The sanctions against Trump and Rubio could have far-reaching consequences, as Article 70 of the Rome Statute, the ICC's founding treaty, criminalizes obstructing justice when someone retaliates against an ICC official for performing their duties. If this administration's call to leave the court is met with indifference, the court's defenders may find their defense lacking.