US sanctions against the International Criminal Court are denounced by the IBA

Friday 7 February 2025

The International Bar Association (IBA) denounces sanctions against the International Criminal Court (ICC). The IBA calls on all states to oppose sanctions and respect the judicial independence of the Court.

IBA Executive Director Dr Mark Ellis commented: ‘The ICC is the cornerstone of the international justice architecture, created to realise the promise of “never again” and to bring justice to victims of “atrocities that deeply shock the conscience of humanity”. For this work, the Court, its officials, and those cooperating with it, have at times faced political threats, intimidation and attacks from those seeking to undermine the Court’s authority and obstruct its investigations. These attacks undo decades of progress for victims and weaken the rule of law globally.’

On 6 February 2025, United States President Donald Trump issued an Executive Order authorising sanctions against the ICC and its officials, including property blocking and visa bans for the persons designated by the Executive Order and their immediate family members.

The Court is actively investigating in 12 situations, including in ongoing conflicts in the situations in Afghanistan, Darfur/Sudan, the Democratic Republic of Congo and Ukraine, and proceedings against suspects from the Central African Republic, Darfur/Sudan, Mali and Uganda are ongoing in the ICC’s courtrooms. The implementation of the sanctions could severely impact the ICC’s operations, undermining its justice mandate across all situations where it is investigating and prosecuting.

Sanctions were previously imposed by the Trump administration in 2020 and later revoked by the Biden administration in 2021, which stated that sanctions were ‘not an effective or appropriate strategy for addressing the United States' concerns with the ICC.’

Dr Ellis added: ‘By imposing sanctions, victims of international crimes will suffer greatly, and their effects would be felt far beyond the Court, including by witnesses protected by the Court and human rights defenders and civil society organisations cooperating with the Court’s work. At this critical time for international justice and the rule of law, the US administration should respect the independence of international judicial institutions.’

One hundred and twenty-five states, not including the US, have signed on to the ICC's founding treaty, the Rome Statute. Under the Statute, all States Parties have an obligation to cooperate fully with the ICC in its investigation and prosecution of Rome Statute crimes.

ENDS

Contact: IBApressoffice@int-bar.org

Notes to the Reader

  1. The International Criminal Court (ICC) investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity, and the crime of aggression. As a court of last resort, it seeks to complement, not replace, national courts. Governed by an international treaty called the Rome Statute.
  2. The Rome Statute is the treaty that established the ICC. It sets out the Court's jurisdiction over genocide, crimes against humanity, war crimes, and – as of an amendment in 2010 – the crime of aggression.
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  4. The International Bar Association (IBA), the global voice of the legal profession, is the foremost organisation for international legal practitioners, bar associations, and law societies. Established in 1947, shortly after the creation of the United Nations, it was born out of the conviction that an organisation made up of the world's bar associations could contribute to global stability and peace through the administration of justice.
  5. Find the IBA on social media here:

Press Office
International Bar Association
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Direct Line: +44 (0)20 7842 0094
Email: IBApressoffice@int-bar.org
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Website page link for this news release:
Short link: https://tinyurl.com/58fx7vny
Full link: https://www.ibanet.org/US-sanctions-against-the-International-Criminal-Court-are-denounced-by-the-IBA