The UK must push back against Trump’s ICC plan. It’s obliged to under the Rome Statute.

Donald Trump has signed an executive order that will sanction the International Criminal Court (ICC), placing financial and visa sanctions on individuals and their immediate family who assist ICC investigations against Israelis and Americans.

The Executive Order comes after last week’s efforts to pass a bill entitled the ‘Illegitimate Court Counteraction Act’ in Congress. The bill hit a stumbling block when it received 54 votes in favour and 45 against, falling short of the 60 votes required for it to go ahead to a final vote.

Instead, Trump has issued an Executive Order to implement the sanctions.

Donald Trump’s plan to sanction the ICC must be pushed back on by the UK

The International Centre of Justice for Palestinians (ICJP) wrote to the Foreign Office on 5 February, highlighting the risk that an Executive Order may be used to implement this policy.

As a state party to the Rome Statute, the UK must stand behind the ICC, reiterating its support for the Court’s independence in the same manner it did in July 2020 after the Trump administration sanctioned some ICC staff. The UK’s commitment to supporting the court cannot be allowed to wane, following this even more extensive measure.

The ICC’s work in the situation in Palestine is time-sensitive and so far, one of the only effective accountability tools that might ensure those responsible for international crimes are held to account. Any sanctions targeting the Court or persons involved with the Court would not only obstruct justice as it did in 2020 but would also endanger the interests of victims and witnesses.

These actions, alongside other policies implemented by Trump’s administration since his inauguration, expose not only a blatant disregard to international law and accountability, but a dangerous trend that their clear intent to obstruct accountability and justice for Palestinians. In this critical moment, the UK, must offer more than rhetorical support; it requires concrete action.

The US has not signed the Rome Statute, which means that it is not a State Party to the ICC. However, Americans and Israelis who commit crimes in areas where it does have jurisdiction can still be charged. Palestine has been a State member since 2014, accepting ICC jurisdiction in the occupied Palestinian territories (oPt).

‘Deeply troubling’

ICJP Director Tayab Ali said:

It is deeply troubling that the United States, already a non-party to the ICC, has chosen to go further by directly attacking its legitimacy. This brazen interference is a grave assault on the international legal order and sets a dangerous precedent for undermining judicial independence. The U.S. has long positioned itself as a champion of human rights and accountability, yet its actions here reveal a clear agenda to obstruct justice, particularly when it risks exposing its own complicity in atrocities, including the unfolding genocide in Gaza.

There can be no equivocation or hesitation in response to this. The UK Government must demonstrate principled leadership by standing firm against Trump’s coercive tactics, unequivocally supporting the ICC, and condemning this reckless assault on international justice. If Downing Street is truly committed to upholding the rule of law and ensuring that war criminals are held to account, it must act decisively and without delay.

Featured image via the Canary