The United States is considering imposing sanctions on the entire International Criminal Court as early as this week, which would threaten the court’s day-to-day operations in retaliation for investigations into suspected Israeli war crimes.
Washington has already imposed targeted sanctions on several of the court’s prosecutors and judges, but naming the court itself on the sanctions list would be a major escalation.
Six sources familiar with the matter, all speaking on condition of anonymity to discuss a sensitive diplomatic matter that has not been made public, said a decision on such “entity sanctions” was expected soon.
The source said court officials had already held emergency internal meetings to discuss the impact of potential general sanctions. Two other sources said meetings of diplomats from the court’s member states had also been held.
A U.S. official, speaking on condition of anonymity to discuss the sensitivity of the matter, confirmed that entity-wide sanctions were being considered, but did not elaborate on the timing of a possible move.
A State Department spokesman accused the court of asserting what he called its “supposed jurisdiction” over American and Israeli personnel and said Washington would take further steps, although he did not specify what.
“It (the ICC) has an opportunity to change course by making critical and appropriate structural changes. The United States will take additional steps to protect our brave service members and others as long as the ICC continues to pose a threat to our national interests,” the spokesman said.
Sanctions imposed on the court as an entity could affect its basic day-to-day operations, from its ability to pay staff to access bank accounts and routine office software on its computers.
To mitigate the potential damage, ICC staff received their salaries this month in advance for the rest of 2025, three sources said, although this is not the first time the court has paid salaries in advance as a precaution in the event of sanctions.
The court is also seeking alternative suppliers of banking services and software, three sources said.
The International Criminal Court (ICC), based in The Hague, has indicted Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, as well as figures from the Palestinian group Hamas, for alleged crimes committed during the war in Gaza. Washington had previously sanctioned court officials for their roles in those cases and in a separate investigation into suspected crimes in Afghanistan, which initially focused on the actions of US troops.
Three diplomatic sources said some of the ICC’s 125 member states would try to resist additional US sanctions during the UN General Assembly session in New York this week.
But all indications are that Washington will step up its attack on the ICC, four diplomatic sources in The Hague and New York said.
“The path of individual sanctions has been exhausted. Now it is more a question of when, not if, to take the next step,” a senior diplomat said.
US Secretary of State Marco Rubio has called the court “a national security threat that has been a tool of law enforcement” against the United States and its ally Israel.
The court was established in 2002 by a treaty that gives it jurisdiction to prosecute genocide, crimes against humanity and war crimes committed by nationals of a member state or occurring on the territory of a member state.
Israel and the United States are not members. The court recognizes the state of Palestine as a member and has ruled that this gives it jurisdiction over Palestinian territory. Israel and the United States reject this. In February, the White House imposed sanctions on the court’s chief prosecutor, Karim Khan, who had sought arrest warrants for Netanyahu and Gallant. Khan is on leave amid an ongoing investigation into allegations of sexual assault, which he denies.
