The International Bar Association (IBA) denounces in the strongest terms the imposition of sanctions against the International Criminal Court (ICC) by the United States administration and calls on all States Parties to take concrete and swift action to protect the Court and limit the impact.
Claudio Visco, IBA President, affirmed: 'The IBA is deeply concerned that use of sanctions against the ICC, the world's only permanent international criminal court, will put at risk the ICC mandate and frustrate victims' hopes for justice. Beyond obstructing justice for victims, these sanctions impose an unacceptable burden on the independence of judges and lawyers who are working on their behalf. The IBA stands firmly in support of the Court and calls on all States to respect the ICC's independence and the global rule of law.'
On 9 October, the US administration imposed sanctions on the ICC under Executive Order 14203 of 6 February 2025. Unlike previous sanctions, which designated individual officials and judges, these sanctions add the Court as an entity to the list of specially designated nationals. The designation is expected to severely impact the Court's ability to continue its operations and discharge its mandate, unless urgent actions are taken by States Parties to protect the Court, its personnel, and those cooperating with it.
Dr Mark Ellis, Executive Director of the IBA, commented: 'The sanctioning of the Court itself is an escalation that would have previously been unthinkable, and a move that shows the total rejection of the rule of law on the part of the Trump Administration. For many victims of genocide, war crimes, crimes against humanity and aggression, the ICC is the only hope for justice. The ICC is at the centre of the system created by the Rome Statute, intended to ensure that these most serious crimes do not go unpunished. By sanctioning the Court itself, the Trump Administration seeks to prevent victims from obtaining justice through the ICC and perpetuates impunity for the gravest international crimes. This is a dark day for international justice and global rule of law. ICC States Parties must act with resolve, and use all the measures at their disposal to push back on this action and provide support to the ICC.'
Sanctions against the institution could hinder the delivery of ICC's core functions, including conducting trials and investigations, protecting witnesses, delivering reparations to victims and maintaining defendants in detention. The ICC is currently investigating in 13 situations in: the Democratic Republic of Congo, Darfur (Sudan), Libya, Côte d'Ivoire, Mali, Burundi, Bangladesh/Myanmar, Afghanistan, Palestine, The Philippines, Venezuela, Ukraine and the Republic of Lithuania/Republic of Belarus. Two of these situations, Darfur (Sudan) and Libya, have been referred to the Court by the United Nations Security Council. Three cases, involving alleged crimes committed in the Philippines, Libya, and Darfur (Sudan) are currently at the trial stage and two are at the appeals stage. Reparations for victims are ongoing in three cases arising from the situations in the Democratic Republic of Congo, Mali, and Uganda. Seven individuals are currently in ICC custody.
The designation of the ICC as an institution follows the designations of the ICC President, Judge Tomoko Akane of Japan, and eight other ICC Judges: Judge Reine Adelaide Sophie Alapini-Gansou of Benin, Judge Beti Hohler of Slovenia, Judge Solomy Balungi Bossa of Uganda, Judge Luz del Carmen Ibáñez Carranza of Peru, Judge Nicolas Guillou of France, Judge Kimberly Prost of Canada, Judge Gocha Lordkipanidze of Georgia, and Judge Erdenebalsuren Damdin of Mongolia. The US has also placed sanctions on the Deputy Prosecutors Nazhat Shameem Khan of Fiji and Mame Mandiaye Niang of Senegal, Senior Trial Attorney Abdoulaye Seye of Senegal, and former ICC Prosecutor Karim Khan of the United Kingdom.
Additional designations were issued against Francesca Albanese, UN Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967, and three Palestinian human rights organisations, for their work in support of the ICC. The US State Department announced that all of the individual sanctions to date had been imposed in relation to the ICC's investigations into the situations in the State of Palestine and in Afghanistan.
The IBA has consistently condemned sanctions against the ICC, its staff and officials and those cooperating with it as an unacceptable attempt to obstruct the Court's mandate. The IBA has further strongly condemned the current US campaign against the ICC announced by Secretary of State Marco Rubio in July 2026.
At a critical time for the Court, it is essential for States Parties to act individually and collectively through the Assembly of State Parties to protect the mandate of the Court and ensure its functioning. All 125 States Parties should publicly reject the sanctions, reaffirm their support for the Court and adopt national and regional measures to limit the impact of sanctions and ensure the continuity of ICC's operations.
