The RecordExhibit 138
Sanctions on the International Criminal Court itself, after sanctioning its judges
Criticized means: Legal, or a policy choice, but widely condemned.
On Oct. 9, 2026, Secretary of State Marco Rubio announced sanctions on the International Criminal Court as an institution, blocking its assets under U.S. jurisdiction and barring Americans from doing business with it after a six-month grace period, and said the United States would dismantle the court 'brick by brick' if it does not change.
What happened
The sanctions were imposed under Trump's February 2025 executive order, issued after the court's November 2024 arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant over the war in Gaza; the order also cited the court's investigation of U.S. personnel in Afghanistan. Before Friday the administration had sanctioned nine of the court's 18 judges, both deputy prosecutors, former chief prosecutor Karim Khan and a prosecution staffer, along with UN special rapporteur Francesca Albanese and three Palestinian human rights groups, and in July 2026 Rubio said the United States would systematically disable the court.
Courthouse News reported that the Treasury published exemptions the same day that let the court keep using email, video calls, payroll software and cloud storage, pay pensions and provide services for its nine detainees, including former Philippine President Rodrigo Duterte, through April 7, 2027. The New York Times reported that companies working with the court will receive licenses over the next 180 days while the administration assesses whether its concerns have been addressed.
Neither the United States nor Israel is a party to the Rome Statute; the court, which has 125 member states, says it can prosecute crimes committed on member states' territory regardless of the accused's nationality. The announcement came hours after the Nobel Peace Prize was awarded to Navi Pillay, a former ICC judge who chaired a UN commission that found reasonable grounds to conclude Israel committed genocide in Gaza.
Where it stands
No court has ruled on the sanctions and no lawsuit over them has been reported. The ICC called the designation 'an assault on the rule of law and on the very foundations of the international legal order', said it would continue its work with independence and impartiality, and urged its member states to make sure it has the resources to operate.
The foreign ministers of Canada, Denmark, France, Germany, Italy, Japan, the Netherlands and the United Kingdom issued a joint statement the same day saying they regret and strongly disagree with the sanctions, which they said would significantly affect the court's work and staff, and the European Union called the move deeply regrettable and said it would work with the court to keep it operating.
James Goldston of the Open Society Justice Initiative called the sanctions a calculated attack on international justice. Sanctions do not cancel the court's cases or revoke its arrest warrants, but they can limit the resources it needs to bring cases to trial. We found no statement from U.S. lawmakers in the coverage opened.
The administration's side
Rubio called the ICC 'a corrupt and fatally politicized supranational court' that has abused its authority and exceeded its mandate, said Americans are not subject to its jurisdiction, and said the United States would ban transactions with it to cut off its resources. He said the action was structured to give member states a chance to negotiate and that the administration would adjust the licenses depending on whether its concerns are addressed.
The White House says the court constrains democratic nations like Israel in exercising their right to self-defense, and the 2025 order said the court threatened U.S. sovereignty and national security.
Sources
Permanent link: https://unredactedrecord.com/e/iccsanctions/