The International Criminal Court has long been a thorn in the side of US President Trump. Now the USA is imposing new sanctions against the court.
Washington/The Hague. With new sanctions, the US government under President Donald Trump is escalating its ongoing dispute with the International Criminal Court. The USA considers the court based in The Hague to be politically motivated and wants to prevent investigations against US citizens and its own allies such as Israel. But the USA is also leaving the door open for a diplomatic solution. The most important things at a glance:
What exactly are the sanctions against the World Criminal Court?
According to the US State Department, the sanctions will block any ICC assets in the US and must be reported to the US Treasury Department. The court's approximately 900 employees would no longer be able to use credit cards or travel to the USA. US citizens are prohibited from all transactions with the International Criminal Court.
Is there still a way out?
The sanctions do not come into force immediately, but only after a grace period: the USA wants to wait 180 days “in order to demonstrate substantial progress on diplomatic and legal resolutions that address fundamental concerns of the USA regarding the International Criminal Court”. This also gives hope to the contracting states. In a statement, eight states, including Germany, have already expressed their willingness to engage in a “constructive” dialogue, including with non-contracting states.
Do the sanctions mean the end of the court?
The court has already had time to prepare for possible sanctions. And the contracting states of the EU also want to do everything they can to ensure functionality.
But the court is already battered by US President Trump's ongoing attacks. He had called on all contracting states to leave the court. And some, like Venezuela, have caved to the pressure. In addition, more and more states could refuse to cooperate with the court, for example when arresting wanted suspects.
What can be done about the sanctions?
In order to ensure the continued existence of the Court, the European Union could expand the appendix of its so-called Blocking Regulation to include the new US sanctions. This could prohibit European companies from breaking off business relationships with the Court solely because of these US sanctions, under threat of punitive measures. Affected companies would also generally be entitled to compensation for damages and legal costs that they incur as a result of the US sanctions.
Why are the sanctions coming now?
The US State Department did not initially give a reason for the sanctions. However, the announcement came just hours after the Nobel Peace Prize was awarded to South African lawyer Navanethem Pillay. Pillay was a judge at the court from 2003 to 2008.
The award comes at a time when international law is under increasing pressure, Pillay said in a statement following her award. “This deteriorating trend is particularly evident in the attacks on the International Criminal Court.”
And the court has long been under fierce fire from Trump. In September, before the UN General Assembly, he called on states to leave the court.
How did Germany and other EU countries react to this?
In a joint statement, the foreign ministers of several leading industrial nations criticized the US actions. “We remain united behind the International Criminal Court and are committed to conducting a constructive and inclusive dialogue with non-contracting states,” said the statement, signed by Germany, Denmark, France, Italy, the Netherlands, Great Britain, Canada and Japan.
Federal Justice Minister Stefanie Hubig (SPD) spoke of a dark day for international law and the idea of a rules-based world order.
How does the US government justify its actions?
US Secretary of State Marco Rubio stated that the US would never allow US citizens to be prosecuted. “They want more power at the expense of our national sovereignty,” Rubio continued. He called on US allies to join in and put the court in its place: “Either the International Criminal Court will stop its threats, or we will dismantle the International Criminal Court.”
Is the ICC investigating the USA?
There are currently no investigations against Americans. However, there are investigations into suspected war crimes and crimes against humanity in Afghanistan. And members of the US armed forces and the US foreign intelligence service CIA were also targeted. But these investigations were put on hold years ago.
