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One UN expert said it shows "why the ICC and the Rome Statute are so important, even if Israel and the US work to undermine it."
Israeli Prime Minister Benjamin Netanyahu is on President Donald Trump's so-called "Board of Peace" for Gaza. But he couldn't attend the ceremony in Davos, Switzerland, on Wednesday because he'd likely be arrested for war crimes if he set foot in the country.
In 2024, the International Criminal Court (ICC) issued arrest warrants for Netanyahu and then-Israeli Defense Minister Yoav Gallant, accusing them of war crimes and crimes against humanity committed during Israel’s genocidal military assault in Gaza.
At least 71,000 Palestinians—the majority of whom were women and children—have been killed by Israeli forces, and at least 169,000 more have been injured during the military campaign, according to official numbers.
Other estimates suggest the real death toll is much higher when taking into account the results of Israel’s crushing blockade of humanitarian aid and its destruction of infrastructure that has made the Gaza Strip virtually unlivable, and which has continued despite a "ceasefire" reached in October.
These deaths are the result of what the ICC said has been a systematic campaign by Netanyahu to use starvation as a method of warfare and enact collective punishment against the strip's civilian population.
Switzerland is one of 125 nations that have ratified the Rome Statute, which established the ICC in 1998 as an international body to prosecute leaders who commit genocide, crimes against humanity, war crimes, and crimes of aggression.
Prior to Davos, the Swiss government stated a firm commitment to arresting Netanyahu if he ever sets foot in its territory.
"As a party to the Rome Statute, Switzerland is obliged to cooperate with the International Criminal Court," the nation's Federal Office of Justice told Haaretz. "Switzerland would in principle be required to arrest accused persons if they were to enter Switzerland at this time, provided that a corresponding arrest warrant or an arrest request based on it had been issued by the ICC, and to initiate the surrender proceedings to the International Criminal Court."
Several other countries, including the Netherlands—where the ICC is based—as well as Spain, Ireland, and Australia, have also said they'd comply with the warrants if Netanyahu were to visit.
While the US and Israel itself have not ratified the statute, many of Israel's other allies—including the United Kingdom, France, and Canada—are also party to the agreement and obligated to arrest Netanyahu, though he has thus far not tested their willingness to do so, and many have not stated clearly whether they'd follow through on the obligation.
The only ICC nation Netanyahu has entered since the warrants were issued is Hungary, whose far-right leader Viktor Orban defied the mandate to arrest him and later withdrew from the ICC.
Meanwhile, the US has placed sanctions on the ICC and its chief justice, Karim Khan, and several judges who participated in issuing the warrants, while threatening to do so against any other entity that cooperates with the court.
Israeli President Isaac Herzog, who appeared at Davos in Netanyahu’s stead on Wednesday, called the ICC’s warrants “illegitimate” and said it was “unacceptable and shameful” for Netanyahu to be excluded from “a conference that aims to shape the future of the world and the Middle East.”
While the ICC's inability to act on its warrants unilaterally has led some to dismiss them as impotent, Beatrice Fihn, a Swedish senior fellow at the United Nations Institute for Disarmament Research, said blocking Netanyahu from events like Davos shows "why the ICC and the Rome Statute are so important, even if Israel and the US work to undermine it."
"The arrest warrant," she said, "is making Netanyahu's work harder."
"When judicial actors are threatened for applying the law, it is the international legal order itself that is placed at risk," the court said.
The International Criminal Court and human rights groups on Thursday condemned new US sanctions on two more of the tribunal's judges, which brought the total number of sanctioned ICC jurists to 11 amid the Trump administration's escalating campaign of retaliation against people and institutions seeking to hold Israel and the United States accountable for their alleged crimes.
"Today, I am designating two International Criminal Court (ICC) judges, Gocha Lordkipanidze of Georgia and Erdenebalsuren Damdin of Mongolia, pursuant to Executive Order 14203, 'Imposing Sanctions on the International Criminal Court,'" US Secretary of State Marco Rubio said in a statement, referring to President Donald Trump's February edict.
"These individuals have directly engaged in efforts by the ICC to investigate, arrest, detain, or prosecute Israeli nationals, without Israel’s consent, including voting with the majority in favor of the ICC’s ruling against Israel’s appeal on December 15," Rubio added, referencing Monday's rejection of an Israeli bid to block a probe into alleged war crimes committed during the genocidal two-year war on Gaza.
Although Israel and the US are not ICC members and do not recognize the Hague-based tribunal's jurisdiction, Palestine is a state party to the Rome Statute governing the court. The treaty says that individuals from nonsignatory nations can be held liable for crimes committed in the territory of a member state.
Last year, the ICC issued warrants for the arrest of Israeli Prime Minister Benjamin Netanyahu and former Israeli Defense Minister Yoav Gallant for alleged crimes against humanity and war crimes in Gaza, including murder and forced starvation in a war that has left more than 250,000 Palestinians dead, wounded, or missing.
The Trump administration had previously sanctioned nine other ICC jurists: Chief Prosecutor Karim Khan (United Kingdom), Deputy Prosecutor Nazhat Shameem Khan (Fiji), Deputy Prosecutor Mame Mandiaye Niang (Senegal), Judge Solomy Balungi Bossa (Uganda), Judge Luz del Carmen Ibáñez Carranza (Peru), Judge Reine Adelaide Sophie Alapini-Gansou (Benin), Judge Beti Hohler (Slovenia), Judge Nicolas Yann Guillou (France), and Judge Kimberly Prost (Canada).
The affected judges have recently described how the US sanctions have left them and their families—who are also blacklisted—"wiped out economically and socially."
Responding to the new US punitive measures, the ICC said Thursday that "these sanctions are a flagrant attack against the independence of an impartial judicial institution which operates pursuant to the mandate conferred by its states parties from across regions."
"Such measures targeting judges and prosecutors who were elected by the states parties undermine the rule of law," the court continued. "When judicial actors are threatened for applying the law, it is the international legal order itself that is placed at risk."
"As previously stated, the court stands firmly behind its personnel and behind victims of unimaginable atrocities," the ICC added. "It will continue to carry out its mandate with independence and impartiality, in full accordance with the Rome Statute and in the interest of victims of international crimes."
Human Rights Watch also slammed the new US sanctions, which the group called "the latest attempt by the Trump administration to blatantly interfere with independent justice."
The US government has imposed sanctions on two additional ICC judges in order to shield Israeli officials from charges of grave international crimes.These sanctions are the latest attempt by the Trump administration to blatantly interfere with independent justice.
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— Human Rights Watch (@hrw.org) December 18, 2025 at 12:01 PM
Amnesty International's Center for International Justice lamented that "once again, the US administration is attacking international justice—sanctioning two ICC judges. This cannot be normalized."
"States must firmly oppose US threats and sanctions and uphold the court’s ability to pursue accountability," the group added, "even against the most powerful perpetrators."“In my country, I prosecuted terrorists and drug lords," said Judge Luz Ibáñez Carranza of Peru. "I will continue my work."
International Criminal Court judges remain steadfast in their pursuit of justice—including for victims of Israel's genocidal war on Gaza—even as they suffer from devastating US sanctions, some of the affected jurists said in recent interviews.
Nine ICC officials are under sanctions imposed in two waves earlier this year by the Trump administration following the Hague-based tribunal's issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Israeli Defense Minister Yoav Gallant for alleged crimes against humanity and war crimes in Gaza, including murder and forced starvation. The tribunal also issued warrants for the arrest of three Hamas officials, all of whom have been killed by Israel during the course of the war.
The sanctioned jurists are: Chief Prosecutor Karim Khan (United Kingdom), Deputy Prosecutor Nazhat Shameem Khan (Fiji), Deputy Prosecutor Mame Mandiaye Niang (Senegal), Judge Solomy Balungi Bossa (Uganda), Judge Luz del Carmen Ibáñez Carranza (Peru), Judge Reine Adelaide Sophie Alapini-Gansou (Benin), Judge Beti Hohler (Slovenia), Judge Nicolas Yann Guillou (France), and Judge Kimberly Prost (Canada).
The sanctions followed a February executive order from US President Donald Trump sanctioning Khan and accusing the ICC of “baseless actions targeting America and our close ally Israel.”
The sanctions—which experts have called an act of criminal obstruction—prevent the targeted ICC officials and their relatives from entering the United States; cut off their access to financial services including banking and credit cards; and prohibit the use of online services like email, shopping, and booking sites.
Fearing steep fines and other punitive measures including possible imprisonment for running afoul of US sanctions by providing “financial, material, or technological support" to targeted individuals, businesses and other entities strictly blacklist sanctioned people—who are typically terrorists, organized crime leaders, and political or military leaders accused of serious human rights crimes.
“Your whole world is restricted,” Prost—who was part of an ICC appellate chamber's unanimous 2020 decision to investigate alleged US war crimes and crimes against humanity in Afghanistan—told the Associated Press on Thursday. “I’ve worked all my life in criminal justice, and now I’m on a list with those implicated in terrorism and organized crime."
Ibáñez Carranza said the US sanctions are not deterring her, telling the AP: “In my country, I prosecuted terrorists and drug lords. I will continue my work."
Guillou told Le Monde last week that the sanctions mean he is banned from almost all digital services—including Amazon and PayPal—in a world dominated by US tech giants. This has led to some absurd scenarios, including having a hotel reservation he booked via Expedia in his own country canceled.
"To be under sanctions is like being transported back to the 1990s," he said.
The Trump administration's objective, said Guillou, is "intimidation... permanent fear, and powerlessness."
"European citizens under US sanctions will be wiped out economically and socially within the [European Union]," he added.
Guillou remains defiant in the face of sweeping hardship caused by the sanctions, contending that he is part of a larger struggle for justice as, "empires are hitting back" in response to "three decades of progress in multilateralism."
The US—which, like Israel, is not party to the Rome Statute that governs the ICC—has been at odds with the court for decades. In 2002, Congress passed, and then-President George W. Bush signed, the American Service Members’ Protection Act—also known as the Hague Invasion Act—which authorizes the president to use “all means necessary and appropriate” including military intervention to secure the release of American or allied personnel held by or on behalf of the ICC.
During his first term, Trump sanctioned then-ICC Chief Prosecutor Fatou Bensouda and Prosecution Jurisdiction Division Director Phakiso Mochochoko over the Afghan war crimes probe.
The nine jurists sanctioned this year by the US are seeking relief and are calling on European governments to invoke the EU's so-called "Blocking Statute," which is meant to shield officials of the 27-nation bloc from the extraterritorial application of third country laws.
"States parties [to the Rome Statute] face a choice: Continue to capitulate to the bullying of the US, or meet the challenge posed by the sanctions, past and future, and respond appropriately," Jens Iverson, an assistant professor of international law at Leiden University in the Netherlands, wrote last month for OpinioJuris. "Which choice they make will reveal the actual values of the states who as a matter of law are pledged to combat atrocity and impunity."
Ibáñez Carranza told Middle East Eye in a recent interview: "What we are asking are practical measures. What we are asking is action. We need the support of the entire world. But we are in Europe now, and Europe is a powerful structure. The European Union is a powerful structure. They should react as such. They cannot be subordinated to the American policies."
International Criminal Court (ICC) judge Luz del Carmen Ibanez Carranza has called on the international community to stand with ICC judges following US-imposed sanctions over the court’s arrest warrants for Israeli officials pic.twitter.com/otJfwHgzdw
— Middle East Eye (@MiddleEastEye) December 6, 2025
Ibáñez Carranza said that said measures should be taken "to support the court, not only to support the judges, but to support the system... of Rome."
"It's not only the judges" who are affected by the US sanctions, she asserted. "They want to affect the system of Rome, the system of the court, where we deliver justice for... the most defenseless and vulnerable victims... They are the affected ones with this."
"The work of the International Criminal Court is for humanity," Ibáñez Carranza added. "And this is why we are resilient, and this is why we need not only to stand together as judges, but the entire international community."