Court insiders claim Trump sanctions could destroy the ICC

The threat of US sanctions against the ICC intensified following the court’s decision to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant for alleged war crimes and crimes against humanity in Gaza in November last year.

In retaliation, the US House of Representatives passed a resolution earlier this month, moving toward a vote on legislation to impose sanctions against the court.

However, multiple ICC sources have expressed concern that Trump may not wait for the legislative process to unfold.

They fear he could immediately act through an executive order to launch full-scale financial and travel restrictions against the court and its leadership.

According to interviews with officials and diplomats familiar with the ICC’s preparations, the court is planning for a "worst-case scenario" in which the US imposes punitive sanctions against the entire institution, rather than specific individuals.

Such a move, they say, could bring the court to a standstill, severely hindering its access to the services it depends on to function.

One of the most significant risks posed by sanctions would be the disruption of the court’s ability to access banking and payment systems, IT infrastructure, and insurance providers. A complete block on these services, including US-based companies, would apparently cripple the court's day-to-day operations.

Of growing concern is the ICC’s reliance on Microsoft software, which has reportedly become integral to the court’s functions.

Chief Prosecutor Karim Khan’s partnership with Microsoft, particularly its Azure cloud platform, has been crucial in overhauling the court's operational systems. “We essentially store all of our evidence in the cloud,” one official stated.

In response, ICC authorities are reviewing their suppliers and have taken steps to end some commercial relationships to reduce exposure to potential sanctions. Some staff members have even been advised to close any US-based bank accounts.

The court is also working with some of its member states to explore legal mechanisms in the EU and UK, known as "blocking statutes," to protect companies and individuals from complying with US sanctions.

“It’s not a silver bullet,” one European diplomat acknowledged, but there is hope among ICC officials that these measures could offer some level of protection.

This latest round of sanctions comes after the Trump administration imposed similar measures in 2020, targeting former ICC prosecutor Fatou Bensouda and one of her senior officials in response to investigations into alleged war crimes in Afghanistan, as well as the West Bank and Gaza.

However, the new round is expected to cast a wider net, potentially impacting a broader group of ICC officials.

Päivi Kaukoranta, president of the ICC’s governing body, expressed concern that such sanctions would not only obstruct the court’s investigations but “affect the safety of victims, witnesses and sanctioned individuals”. She said the court’s work must be allowed to “proceed without interference”.

According to The Guardian report, US sanctions are being used to “exert unprecedented pressure” on the court to drop the arrest warrants, with one senior Israeli official telling the paper: “We will bring the court to its knees and then negotiate the closure of the case.”

In recent months, multiple sources within the ICC’s prosecutor’s office have raised alarms that the court is now more vulnerable to both US and Israeli pressure, especially after allegations of sexual misconduct surfaced against Prosecutor Khan in October.

Khan has denied the allegations and pledged to cooperate fully with an external inquiry.