The United States imposed sanctions on four International Criminal Court officials on Wednesday, targeting judges and prosecutors from France, Canada, Fiji, and Senegal in retaliation for investigating alleged war crimes by Israeli and U.S. forces. Secretary of State Marco Rubio labeled the ICC a "national security threat" and "instrument for lawfare" against the U.S. and Israel, marking the second such sanctions round since June. The move freezes any U.S. assets held by the officials and bans their entry to the United States, measures typically reserved for adversarial nations rather than allied jurists.
French Judge Nicolas Guillou, who presided over the pre-trial panel that issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, faced sanctions for authorizing probes into Gaza war crimes. Canadian Judge Kimberly Prost was penalized for her role in a 2020 appeals chamber decision authorizing an investigation into U.S. torture practices in Afghanistan. Deputy Prosecutors Nazhat Shameem Khan (Fiji) and Mame Mandiaye Niang (Senegal) were sanctioned for upholding arrest warrants against Israeli leaders and advancing the Gaza investigation. The State Department accused all four of pursuing "illegitimate actions" without U.S. or Israeli consent.
The ICC denounced the sanctions as "a flagrant attack against the independence of an impartial judicial institution," emphasizing its mandate from 125 member states to prosecute genocide, war crimes, and crimes against humanity. The United Nations expressed "severe concern," noting the measures "impede the functioning of the prosecutor’s office" and undermine international justice. France, whose national was among those targeted, called the sanctions "in contradiction to the principle of an independent judiciary" and urged their withdrawal. Conversely, Netanyahu welcomed the move as a "firm measure against the mendacious smear campaign" against Israel.
The sanctions reinforce U.S. isolation over its support for Israel’s Gaza offensive, which has killed over 62,000 Palestinians and triggered famine conditions. Notably, the ICC’s investigation into Gaza originated from a referral by the State of Palestine, a party to the Rome Statute unlike the U.S. or Israel. Critics argue the sanctions expose hypocrisy in defending Israeli officials while punishing courts seeking accountability for atrocities.
By targeting officials investigating Gaza, the U.S. directly obstructs avenues for Palestinian victims to seek justice. The ICC’s Gaza case includes allegations of starvation as a weapon of war and intentional attacks on civilians. With the UN reporting that 65% of Americans support action against Gaza starvation, the administration’s sanctions clash with public sentiment. Legal experts warn the move sets a dangerous precedent where powerful states intimidate judicial bodies to evade accountability. As the ICC vows to continue its work "undeterred," the sanctions test the resolve of its member states to protect judicial independence.