US sanctions ICC president Tomoko Akane over Israel and Afghanistan investigations

US Secretary of State Marco Rubio said the two ICC officials were targeted because they had been involved in efforts to investigate or prosecute officials whose governments had not consented to the court's jurisdiction.

The United States on Tuesday (August 18) imposed sanctions on International Criminal Court (ICC) President Tomoko Akane and senior trial lawyer Abdoulaye Seye, escalating the Trump administration's campaign against the Hague-based court.

US Secretary of State Marco Rubio said the two ICC officials were targeted because they had been involved in efforts to investigate or prosecute officials whose governments had not consented to the court's jurisdiction.

“These individuals have directly engaged in efforts by the ICC to investigate, arrest, detain, or prosecute officials whose government has not consented to ICC jurisdiction,” Rubio said in a statement.

The sanctions were imposed under an executive order signed by President Donald Trump last year authorising measures against ICC officials.

Why did the US sanction ICC officials?

Washington has been particularly critical of the court's investigations involving Israel, a close US ally, as well as a previous investigation into US military personnel in Afghanistan.

The ICC issued an arrest warrant in 2024 for Israeli Prime Minister Benjamin Netanyahu over alleged war crimes and crimes against humanity linked to the war in Gaza. The court also issued a warrant for former Israeli Defence Minister Yoav Gallant.

The US is not a member of the ICC and has consistently rejected the court's authority over American personnel.

Trump has said the US campaign is aimed in part at protecting Netanyahu and other officials from prosecution.

Who has been sanctioned?

The latest sanctions target:

-Tomoko Akane, a Japanese judge and president of the ICC.

-Abdoulaye Seye, a Senegalese national and senior ICC trial lawyer.

The measures can freeze any US-based assets belonging to the targeted individuals and restrict their access to the US financial system. The sanctions can also affect internationally operating banks that maintain links to the US financial system.

The US Treasury Department separately issued a general licence allowing the wind-down of transactions involving Akane through September 17.

What is the ICC's response?

The ICC strongly rejected the US action, saying sanctions against judges, prosecutors and other court personnel undermine the rule of law.

“Measures targeting judges, prosecutors and staff who work towards the fulfilment of the mandate that was conferred to the ICC by States undermine the rule of law,” the court said.

“When judicial actors are threatened for applying the law, it is the international legal order itself that is placed at risk,” the court said.

US campaign against the ICC

Tuesday's measures are the latest in a series of US sanctions against ICC officials.

Washington imposed targeted sanctions on several prosecutors and judges last year following the court's actions involving Netanyahu and Gallant, as well as its investigation into alleged crimes involving US forces in Afghanistan.

Rubio has said the administration plans to intensify its campaign against the ICC, including diplomatic efforts to persuade other countries to withdraw from the institution.

What is the ICC and how does it work?

Established in 2002, the ICC prosecutes individuals accused of genocide, war crimes and crimes against humanity when national legal systems are unable or unwilling to properly investigate and prosecute such cases.

The US never joined the treaty that established the court.

However, the ICC can claim jurisdiction in certain circumstances even when the accused person's country is not a member. This can include alleged crimes committed on the territory of an ICC member state.

The dispute over the court's jurisdiction has become a major point of tension between Washington and The Hague.