US ICC sanctions ‘an attack on international legal order’

The United States of America administration has unveiled institution-wide sanctions on the International Criminal Court (ICC). 

Dr Benjamin Thorne, Lecturer in Criminal Law at the University, examines the potential impact of the sanctions. 

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Dr Benjamin Thorne said: “The Trump administration’s decision to sanction the ICC as an institution is a significant escalation in its use of sanctions, which previously had ‘only’ targeted individual ICC staff. The institutional sanctions will directly impact all facets of the court, such as banking, technology, insurance, and travel. 

“Institutional sanctions, in the manner that they are being used against the ICC, are very unusual and highlight a particularly aggressive US agenda willing to attack international institutions. The sanctions can also be seen as a broader direct attack against the rule of law and the international legal order.

“One response states should implement to support the ICC is the use of the EU Blocking Statute, which provides protection to EU operators from the extraterritorial application of third-country laws. However, many of the initial reactions to the sanctions have been very underwhelming. This coming week, eyes will be on the EU to see if states can step up and implement some concrete counteraction.

“If the response from the ICC’s member states is weak, questions will arise over whether the US sanctions will destroy the ICC, as Marco Rubio suggested. It seems unlikely the sanctions will force the ICC to close and the court will continue its work, but how member states respond to these sanctions will play a big part in influencing the future of the ICC.”