The new US sanctions against the International Criminal Court (ICC) and its President Tomoko Akane have triggered criticism from the federal government. Federal Justice Minister Stefanie Hubig (SPD) said it was “deeply depressing” that the USA was making a “frontal attack on international criminal law” and sanctioning leading representatives of the court. The idea of a global criminal justice system is a "civilizational achievement" on the basis of which even the most serious crimes could be prosecuted, said Hubig.
The sanctions demonstrate a “contempt for the rule of law” that is not compatible with the US tradition of international criminal law, Hubig continued. The court based in The Hague continues to have Germany's support. A spokesman for the Foreign Office made a similar statement: Germany “stands by the criminal court and also by its president.” Inadequacies that might exist at the court are “under no circumstances a reason to question this important institution.”
The latter was also highlighted by EU Commission President Ursula von der Leyen. The EU Commission stands firmly on the side of the ICC, von der Leyen wrote on X. In order to be able to do its “essential” work, the court must be able to act independently and without pressure from outside. However, von der Leyen's statement does not contain an explicit condemnation of the sanctions.
Every second ICC judge is now sanctioned by the USA
The USA announced sanctions against ICC President Akane and the Senegalese lawyer Abdoulaye Seye on Tuesday evening. Seye is part of the prosecution team that, among other things, applied for arrest warrants against Israeli Prime Minister Benjamin Netanyahu.
US Secretary of State Marco Rubio justified the sanctions by saying that both lawyers were involved in investigations against or arrests of officials whose governments do not recognize the ICC - such as the USA and Israel, among others. A total of 125 states have joined the court so far. However, five of them have announced their withdrawal in light of US pressure on the Court.
The US government has been taking action against the court since early 2025 and has already imposed sanctions on other ICC employees. As a result, those affected are largely cut off from the US financial system. According to the court, nine of the 18 judges, both deputy prosecutors, the former chief prosecutor and an employee from the USA are now affected by the punitive measures taken by the USA.
ICC complains of “blatant attack” on the rule of law
The ICC expressed outrage at the US sanctions. The court said they represented “a blatant attack on the independence of an impartial judicial authority.” The sanctions “undermine the rule of law” and endanger the international legal order.
The court does not want to be distracted from its work by the US sanctions: "The Court will continue to fulfill its mandate independently and impartially, in full accordance with the Rome Statute and in the interests of the victims of international crimes," announced the ICC. The Rome Statute of 1998 is the basis for the work of the court.
The Japanese government also criticized the sanctions against Japanese judge Akane. The Foreign Ministry described the measures as “very regrettable.” The court has always received support from the Japanese side. Japan rarely criticizes US government policies because of the US's important role in the country's defense policy, but has been a state party to the ICC since 2007.
