US Escalates Tensions with ICC, Sanctions Chief Prosecutor Over Investigations into Israel and US Actions

In a striking move that underscores deepening disagreements over international judicial proceedings, the United States, under the directive of President Donald Trump, has sanctioned Karim Khan, the chief prosecutor of the International Criminal Court (ICC). The sanctions were imposed in response to ongoing ICC investigations into alleged war crimes by US personnel and Israeli actions in Gaza.

The US Treasury Department announced these measures as part of an executive order issued by Trump on February 6. The order specifically targets ICC activities related to investigations which implicate US and Israeli nationals. Notably, the ICC, a body not recognized by the US as autonomous judicial authority, had previously issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, citing potential crimes against humanity during the Gaza conflict in late 2023.

According to the ICC's findings, there were "reasonable grounds" to believe that Netanyahu and Gallant were complicit in committing war crimes, including the use of starvation as a method of warfare, alongside other crimes such as murder and persecution. These serious accusations have further fueled tensions between the US, Israel, and the ICC, which has also been investigating war-related crimes in Afghanistan involving US forces from 2001 to 2021.

President Trump's executive order marks a continuation of his administration's previously confrontational stance towards the ICC, mirroring similar actions taken during his first term against then-prosecutor Fatou Bensouda. These moves included financial sanctions and visa bans, which were later rescinded by President Joe Biden in 2021.

The international community, including various human rights organizations, has criticized Trump's recent actions as an attempt to undermine ICC’s independence and impede justice. The ICC, having condemned the US's executive order, argued that it compromises their mandate to conduct impartial judicial work.

These unfolding developments raise serious concerns about the potential escalation of diplomatic frictions, not only with global institutions such as the ICC but also possibly affecting international relations with countries like South Africa, whose officials, like Dr. Naledi Pandor, watch closely amidst fears of similar retaliatory measures.

The sanctions on Khan are perceived as part of broader efforts by the US administration to protect its nationals and allies, namely Israel, from external judicial processes deemed unfavourable by Washington, setting a contentious precedent in international law and relations.