The International Criminal Court is the first permanent independent body established to investigate and prosecute the most serious crimes, such as genocide, war crimes and crimes against humanity. Its uniqueness lies in its ability to prosecute perpetrators regardless of their positions or nationality. For Ukraine, the International Space Station has become a symbol of international support in the struggle to establish truth and justice in response to Russian aggression.
The visit of ICC prosecutor Karim Khan to Buchi in April 2022 became a landmark event: “Ukraine is a place of crime. We are here because we have reasonable grounds to believe that crimes that fall under the jurisdiction of the ICC have been committed. We must break through the fog of war to get to the truth,” Khan emphasized. This statement emphasized the readiness of the Court to seek justice and prevent impunity for committed crimes. At the same time, the ISS continues to face political pressure, in particular from the United States under the presidency of Donald Trump. Since the beginning of his second term, US relations with the International Criminal Court have become particularly strained. The reason for the conflict was the investigation and issuance of arrest warrants for high-ranking Israeli officials, including Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Galant. In response, Trump signed an executive order to impose sanctions on the ICC, calling its actions “baseless” and stressing that the Court has no jurisdiction over either the United States or Israel. This decision caused sharp criticism from the ISS and the international community. Notably, Netanyahu visited Washington this week and called Trump Israel’s “greatest friend.”
Relations between the US and the ISS have never been easy
The history of the relationship between the United States of America and the International Criminal Court is complex and controversial. It includes periods of cooperation, open confrontation and diplomatic maneuvers. The United States is not officially a party to the Rome Statute, which became the legal basis for the creation of the ISS in 2002.
In 1998, the US delegation participated in the negotiations on the creation of the ISS. However, the United States opposed a number of provisions of the Rome Statute, including the ability of the court to prosecute military and government officials without the state’s consent. Nevertheless, at the end of Bill Clinton’s presidency, he signed the Rome Statute in 2000. However, the document was never ratified by Congress. In 2002, the US officially withdrew its signature under this document. The Bush administration was adamantly opposed to the ICC’s jurisdiction because of fears that the US military could be prosecuted for actions abroad. Congress even passed the so-called “Hague Invasion Act” (Hague Invasion Act), which allowed the use of military force to release Americans arrested by the ICC.
Under President Barack Obama, the US position regarding the ISS has somewhat softened. Washington began to provide diplomatic support to the Court in investigations of crimes in Sudan and Libya. Although the US remained outside the jurisdiction of the ICC, the Obama administration recognized its important role in ensuring international justice.
Confrontation Trump – ISS
Under the presidency of Donald Trump, the relationship between the United States and the International Criminal Court (ICC) has reached its lowest point. The main cause of the conflict was an investigation that the Court initiated in 2019 into possible war crimes committed by the US military, CIA employees and US allies during the war in Afghanistan.
The Prosecutor’s Office of the International Criminal Court, led by Chief Prosecutor Fatu Bensouda, announced its intention to investigate allegations of torture of detainees in secret CIA prisons, mass murders and attacks on civilian objects by the US military. This caused outrage in Washington, because the US believed that the Court lacked jurisdiction to hear such cases, since the US had not ratified the Rome Statute.
In June 2020, President Donald Trump signed an executive order authorizing the imposition of sanctions against ICC officials involved in the investigation of the Afghan case.
Fatu Bensouda, Prosecutor General of the ICC, became the target of sanctions. In charge of investigating alleged crimes committed by the US military, Afghan National Security Forces and the Taliban during the war in Afghanistan, she was placed on the US Specially Designated Nationals and Blocked Persons list on September 2, 2020. However, on April 2, 2021, her name was removed from the list.
The Trump administration also urged other countries not to cooperate with the Court in the investigation of the Afghan events. Secretary of State Mike Pompeo called the ISS an “illegal and politicized institution.”
Washington has insisted that the investigation violates US sovereignty and undermines the domestic justice system. The Trump administration has said that the American judicial system is capable of independently investigating possible wrongdoing by the military.
Sanctions that limit the activities of the ISS
Trump’s second presidency has seen a new wave of confrontation with the International Criminal Court, as the administration has taken steps to limit the court’s ability to investigate alleged crimes committed by the US military. It is not clear whether the Trump administration will announce the names of specific individuals who will be subject to sanctions, but ICC officials are prepared for the fact that the sanctions could affect high-ranking officials of the court, including its chief prosecutor Karim Khan.
It is clear that the Trump administration’s actions have drawn sharp criticism from human rights organizations and US allies. The European Union and human rights groups condemned the sanctions as interfering with the independence of international justice. The ISS itself has stated that it will not succumb to external pressure.
US sanctions did not stop the ISS investigation. At the same time, it caused a significant image blow to the United States as a country that previously promoted the idea of international justice. After Joe Biden came to power in 2021, the sanctions were lifted, and the US gradually resumed cooperation with the ISS. In general, the ICC’s chief prosecutor, Karim Khan, effectively excluded the United States from the investigation in Afghanistan.
The reaction of the ISS and its member states
The International Criminal Court has condemned the United States’ issuance of an executive order aimed at imposing sanctions on its officials and undermining its independent and impartial judiciary. The court said it strongly supports its staff and is committed to continuing to provide justice and hope to the millions of innocent victims of atrocities around the world in all situations before it. We call on 125 member states, civil society and all countries of the world to unite for justice and basic human rights – such a statement is contained on the website ISS.
In response to the sanctions, the International Criminal Court called on its member states to oppose the move, calling the US actions an attempt to “undermine its independent and impartial judiciary.” The court said: “We strongly support our staff and pledge to continue to provide justice and hope to the millions of innocent victims of horrific crimes around the world,” and called on its 125 member states to “stand united” for justice and human rights.
World leaders and human rights organizations performed for the protection of the court. German Chancellor Olaf Scholz criticized the sanctions, saying they could “endanger the institution that is supposed to ensure that the dictators of this world can’t just go after people and start wars.” European Commission President Ursula von der Leyen said the ICC gives “a voice to victims around the world” and that it “must be free to continue the fight against global impunity”.
In London, the press secretary of the Prime Minister of Great Britain, Keir Starmer, said that Britain supports the independence of the ISS and does not plan to impose sanctions on its officials. In Geneva, UN human rights representative Ravina Shamdasani said Trump’s decision should be reversed: “We deeply regret the sanctions imposed on court personnel and call for the reversal of this move.”
How will the US pressure on the ISS affect Ukraine?
US sanctions against the International Criminal Court may affect Ukraine, especially after our country became a full member of the court on January 1, 2025. On the one hand, it allows Ukraine to effectively cooperate with the ICC in the investigation of crimes committed on its territory, including crimes related to Russian aggression. On the other hand, sanctions imposed on judges and prosecutors of the ICC may lead to political and financial pressure on the court itself, which will complicate its activities. At the same time, most of the member states of the ICC, such as the countries of the European Union, support the independence of the court, which gives hope for the preservation of its functionality. For Ukraine, this means that it can continue to actively interact with the ISS, even if the United States continues to exert pressure.
