The court was established by the Rome Statute, negotiated within the UN – but it is a fully independent court set up to try the gravest crimes, including crimes against humanity. Read our explainer here.
Thursday’s executive order said the US government would “impose tangible and significant consequences” on ICC officials who work on investigations that threaten national security of the US and allies – including Israel.
Arrest warrants
The directive follows the decision by ICC judges to issue arrest warrants in November for Israeli Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant, which accuses them of alleged war crimes in relation to the conduct of the war with Hamas on Gaza.
The ICC also issued a warrant for a former Hamas commander, Mohammed Deif.
Neither the US nor Israel recognise the ICC’s jurisdiction; there are 125 states parties to the Rome Statute, which came into effect in 2002.
The US executive order says that the ICC actions against Israel and preliminary investigations against the US “set a dangerous precedent, directly endangering current and former” personnel.
The order details possible sanctions including the blocking of property and assets of ICC officials and barring them and their families from entering the US.
A bid to impose sanctions on the ICC by the US Congress in January prior to the change in administration, failed to garner enough support in the Senate.
ICC ‘stands firmly by its personnel’
“The ICC condemns the issuance by the US of an Executive Order seeking to impose sanctions on its officials and harm its independent and impartial judicial work,” said the court in a press release.
“The Court stands firmly by its personnel and pledges to continue providing justice and hope to millions of innocent victims of atrocities across the world, in all Situations before it.”
The court also called on all parties to the ICC together with civil society and other nations to “stand united for justice and fundamental human rights.”
