Brussels, 7 February 2024
No Peace Without Justice (NPWJ) strongly condemns the latest Executive Order issued by President Donald Trump, which imposes sanctions on officials of the International Criminal Court (ICC). This decision, prompted by the issuance of arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Minister of Defense Yoav Gallant, constitutes a blatant attack on international justice and a dangerous attempt to obstruct accountability for the most serious crimes under international law.
Alarmingly, this Executive Order escalates the sanctions imposed in 2020 under the first Trump Administration, expanding its punitive measures—including asset freezes, travel bans, and penalties for individuals or entities providing funds, services, or goods to sanctioned persons— beyond ICC officials to encompass any foreign individuals assisting or engaging with the ICC in investigations involving, among others, U.S. citizens or nationals of non-ICC U.S. allies. As a result, this sweeping measure poses a grave threat to NGOs, civil society organizations, and human rights defenders working to document atrocities in Palestine/Israel and beyond. Furthermore, by targeting ICC suppliers and service providers, the order risks severely disrupting the ICC’s operations and its ability to function effectively.
While the Executive Order is designed to directly impact the ongoing investigation into alleged crimes in Palestine/Israel, its broad scope also extends to the situation in the Philippines and could significantly hinder the initiation of new investigations involving any citizen of the U.S. or its allies. By effectively crippling the ICC’s ability to pursue justice, this measure strikes at the very foundation of international accountability and the rule of law.
NPWJ reiterates that the actions of U.S. officials in this regard both now and when individuals are named could constitute an offence against the administration of justice under Article 70 of the Rome Statute, specifically “retaliating against an official of the Court on account of duties performed by that or another official.” Such actions must be fully investigated and prosecuted before the ICC.
Furthermore, NPWJ calls on all States Parties to the Rome Statute to reaffirm their commitment to upholding international law and safeguarding the integrity of the international justice system. It is imperative that they step up in support of the ICC, its officials, and all those impacted by this Executive Order, taking immediate and concrete measures to protect them and ensure the ICC’s continued functioning free from political interference, threats, and attacks. In particular, NPWJ urges the European Commission to activate the EU Blocking Statute (Council Regulation (EC) No 2271/96) to shield EU individuals and entities from the Executive Order’s effects and counteract its damaging impact.
