TLDR
The US Treasury designated the International Criminal Court a Specially Designated National on 9 October 2026, freezing its US-held assets and barring American transactions with it. Eight allied governments, including the UK, France, Germany and Japan, jointly condemned the move as contrary to the rule of law.
Asset freeze takes effect as OFAC acts
The US Treasury's Office of Foreign Assets Control designated the International Criminal Court a Specially Designated National on 9 October 2026, blocking all ICC property and interests in property within US jurisdiction and prohibiting American persons from transacting with it.[1] The designation places the court under the same sanctions architecture ordinarily applied to foreign nationals and criminal organisations.
OFAC simultaneously issued General Licences 13 through 16, authorising limited categories of transactions involving the ICC across court operations, telecommunications and enterprise software, pension payments, and detainee-related transactions.[1] The carve-outs preserve a narrow channel of activity while leaving the bulk of the court's financial dealings with US-connected institutions frozen.
The trigger: Afghanistan, Netanyahu and an executive order
Executive Order 14203, signed on 6 February 2025, declared that ICC actions targeting US and allied personnel, specifically preliminary investigations of US service members in Afghanistan and arrest warrants issued against Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant, constituted a threat to US sovereignty.[2] The order authorised blocking of assets and suspension of entry of ICC officials as a direct response.
Secretary of State Marco Rubio vowed to "dismantle the ICC, brick by brick" unless it ends what Washington regards as a threat to its citizens, UN News reported. [UN News]
The October 2026 OFAC designation converted that executive framework into a formal sanctions listing, applying to the institution itself rather than named individuals.
ICC pledges to keep operating
ICC President Tomoko Akane said the court would not be deterred. "The Court will continue to fully discharge its mandate, with independence and impartiality, acting only on the basis of the law and the evidence, for the sake of the countless victims of grave crimes," Akane said.[3]
The court's statement said it considered the sanctions without legal foundation under international law, and that its work across active investigations would proceed regardless of US pressure.[3]
Eight allies issue joint rebuke
Canada, Denmark, France, Germany, Italy, Japan, the Netherlands and the United Kingdom issued a joint statement on 9 October 2026, reaffirming their continued and unwavering support for the independence, impartiality and integrity of the ICC, and expressing regret and strong disagreement with the US decision.[5] The statement carried no threat of countermeasures but represented a rare unified break from allied countries on a US sanctions action.
The ICC currently has 124 states parties to the Rome Statute, which established the court in 2002. The United States has never ratified the statute.
Civil society warns of wider damage
Philippe Bolopion, Executive Director of Human Rights Watch, said: "The Trump administration has made clear its aim to destroy the ICC to shield US and Israeli officials from facing charges before the court. By attacking the court, the US government is threatening justice for victims of abuses from Palestine to Ukraine, Myanmar, and Sudan."[4]
Human Rights Watch described the designation as an assault on global justice and the rule of law, warning the measures would undermine accountability for the gravest crimes worldwide.[4] The court has active investigations and examinations across seventeen situations, including Afghanistan, Sudan, Bangladesh/Myanmar, Ukraine and the State of Palestine.
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