US threatens new ICC sanctions unless court pledges not to prosecute Donald Trump

Sanctioning international court would significantly escalate US campaign against it

The US also wants the International Criminal Court to drop investigations of Israeli leaders over the Gaza war. AP Photo

President Donald Trump's administration wants the International Criminal Court to amend its founding document to ensure it does not investigate the American leader and his top officials, an administration official said, threatening new US sanctions on the court.

If the court does not act on this US demand and two others – dropping investigations of Israeli leaders over the Gaza war and formally ending an earlier probe of US troops over their actions in Afghanistan – Washington may penalise more ICC officials and could sanction the court itself, the official said.

Imposing sanctions would significantly escalate the US campaign against the ICC, which has long been criticised by both Republicans and Democrats, who say the court infringes on their nation's sovereignty.

The Trump administration official, speaking on the condition of anonymity, said Washington has communicated its demands to ICC members, some of whom are US allies, and has made them known to the court. The US is not a party to the Rome Statute that established the ICC in 2002 as a court of last resort, with the power to prosecute heads of state.

ICC judges issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Israeli defence chief Yoav Gallant and Hamas leader Ibrahim Al Masri last November for alleged war crimes and crimes against humanity during the Gaza conflict.

In March 2020, prosecutors opened an investigation in Afghanistan that included possible crimes by US troops. Since 2021, the court has deprioritised looking into the role of the US but it has not formally ended its probe.

To force the war tribunal to drop these charges, the US earlier this year imposed sanctions on nine ICC officials, including judges and prosecutors. But it has stopped short of imposing sanctions on the court as an entity, which would severely disrupt the tribunal's work.

“There is growing concern … that in 2029 the ICC will turn its attention to the president, to the vice president, to the secretary of war and others, and pursue prosecutions against them,” the Trump administration official said.

“That is unacceptable, and we will not allow it to happen.”

The White House had no immediate comment on the matter.

Any effort to change the Rome Statute to accommodate the US demand would be slow and difficult, requiring approval of two thirds of countries that have ratified the statute.

“Amendments to the Rome Statute are within the prerogative of states parties,” the ICC's public affairs unit, which speaks for the court and its presidency, said in response to Reuters' questions. It did not address a question on whether Washington has reached out to seek prosecution immunity for Mr Trump.

Sanctions applied to the court as an entity could affect its basic day-to-day operations, from its ability to pay staff to access to bank accounts and routine office software on its computers.