ICC itself hits US sanctions list, drawing rebuke from eight allies and the UN

Smart AI Code2026-10-104 min read

On October 9, 2026, the United States placed the International Criminal Court (ICC) as an institution on the Specially Designated Nationals (SDN) list, blocking any ICC assets under US jurisdiction and barring US companies and individuals from transacting with it. Secretary of State Marco Rubio announced the step in a video message, declaring: “Either the ICC will end its threats, or we will end the ICC.”

The designation is an escalation: Washington had already sanctioned more than a dozen individual ICC judges and prosecutors, but not the court itself. The immediate practical effect remains uncertain, because the US Treasury issued general licenses letting some activities continue for 180 days.

What the measures do — and exempt

Under the designation, all ICC property and interests in property in the United States, or in the possession or control of US persons, are blocked and must be reported to the Office of Foreign Assets Control. US persons are generally prohibited from making or receiving contributions of funds, goods, or services involving the designated entity.

The Treasury simultaneously issued four general licenses: a 180-day authorization for certain activity including maintenance of operations; one for IT-related activities such as cloud and software services; one for the ICC pension plan; and one for activity related to ICC detainees. The State Department said the 180-day window was intended to give ICC member states time to show “meaningful progress” on diplomatic and legal resolutions addressing US concerns, and that it “can be adjusted” depending on the outcome.

Why Washington says it acted

The administration argues that neither the United States nor Israel is a party to the Rome Statute, and therefore the ICC has no jurisdiction over their citizens. Its objections center on the court’s investigation into the actions of US troops in Afghanistan and its arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.

Rubio called the ICC a “rogue court” and said the United States and the American people are “not subject to the jurisdiction of this fake ICC.” He also urged allies that are ICC members and rely on US military support to “rein in the court,” warning that Washington would otherwise continue its campaign to dismantle it “brick by brick.”

The court’s response

The ICC said the designation was “aimed at disrupting the Court’s operations and at intimidating those who work for or cooperate with the Court,” and described it as “an assault on the rule of law and on the very foundations of the international legal order.”

ICC President Tomoko Akane said the court “will continue to fully discharge its mandate, with independence and impartiality, acting only on the basis of the law and the evidence.” But the statement also warned that the court “cannot stand alone” and that its fate “now rests also in the hands of the states that created it,” urging its 125 member states to ensure it keeps the means to continue working.

Allies and the UN push back

The foreign ministers of the UK, Canada, France, Germany, Italy, Japan, Denmark, and the Netherlands issued a joint statement saying they “regret and strongly disagree with” the sanctions. They acknowledged that the ICC had taken steps to keep operating, but warned that if put into effect the measures “will have a significant impact on the Court’s work, its dedicated staff and their families.”

UN Secretary-General António Guterres condemned the sanctions against the court “as an institution,” calling them “a serious blow to our collective pursuit of international criminal justice.” UN Human Rights Chief Volker Türk described them as “unacceptable” and called for immediate measures to protect the ICC. Israel took the opposite position: Netanyahu praised the decision as a “critical” step and called the ICC “a political body.”

Timing coincided with the Nobel Peace Prize

The sanctions were announced hours after former ICC judge Navi Pillay, a South African jurist who served on the court’s Appeals Chamber from 2003 to 2008, was awarded the Nobel Peace Prize. The Norwegian Nobel Committee said the award was intended as a reminder at a time when international legal institutions face political pressure. Pillay referenced the US campaign against the court in her own remarks, saying international law and human rights were “under significant political attack.”

What is confirmed, unknown, and awaited

Confirmed: the ICC has been designated under section 1(a)(ii)(A) of Executive Order 14203; US-based assets are blocked; four general licenses cover operations, IT services, pensions, and detainees for 180 days; the court, eight member states, and UN leaders have publicly opposed the move.

Unknown: how far banks, insurers, and technology providers will go beyond strict compliance, and whether the court can sustain full operations once the license period ends. Also unresolved is whether member states will activate protective measures such as the EU Blocking Statute, which the ICC registrar and Belgium have urged.

Awaited: the outcome of the 180-day diplomatic window, any adjustment of the general licenses by Washington, and the EU foreign affairs discussion on support for the court announced for the following Monday.