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U.S. Threat of Institution-Wide ICC Sanctions Explained

Elena MarquezPublished 2w ago4 min readBased on 7 sources
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U.S. Threat of Institution-Wide ICC Sanctions Explained
Photo by U.S. Department of State from United States / Public domain

South Africa's foreign minister Ronald Lamola warned on September 25, 2026, that the United States is preparing sanctions against the International Criminal Court as an institution.

He spoke at a Hague Group event during the UN General Assembly. Lamola, co-chair of the group, said Washington had already sanctioned ICC judges and prosecutors and was now planning a measure aimed at the Court itself. If imposed, he said, sanctions on the institution could fundamentally disrupt its operations. The Guardian

The Hague Group was set up in 2025 to defend international law and press for enforcement of rulings from the ICC, which tries individuals for war crimes, and the International Court of Justice, which settles disputes between states.

Sources told Reuters that U.S. sanctions targeting the entire International Criminal Court have been prepared. Reuters The U.S. Department of State maintains an ICC Sanctions page. It lists a release dated August 18, 2026, and a release titled "ICC Judges Directly Engaged in the Illegitimate Targeting of Israel" dated September 4.

The August round named ICC President Judge Tomoko Akane of Japan and senior trial lawyer Abdoulaye Seye of Senegal. Both were sanctioned by the United States in August 2026. Japanese Prime Minister Sanae Takaichi condemned the U.S. sanction on Akane.

The Court is based in The Hague, Netherlands, with the Dutch government as its host. It has roughly 900 employees from 100 countries. Reuters Sanctions are legal and financial penalties that can block bank accounts, contracts and travel. Listing a few officials is like freezing their personal accounts. Designating the whole institution would be broader, touching staffing, contracting, banking and cooperation across borders.

In speeches at the General Assembly, leaders described the Court in very different terms. In September 2026, Donald Trump called the ICC "out of control" and an "evil group of people" and urged nations to reject it. U.S. Secretary of State Marco Rubio accused the ICC of being a "corrupt and fatally politicised supranational court". Dutch Prime Minister Rob Jetten told the General Assembly in September 2026 that the response to attacks on the ICC should be "hands off the ICC".

In a separate step in September 2026, the United States said it will extend visa-denial sanctions on PLO members and Palestinian Authority officials under section 604(a)(1) of the MEPCA. The PLO is the Palestinian political organization, the Palestinian Authority administers parts of the West Bank, and visa denial means refusal of entry to the U.S.

There were earlier disputes. ICC member states were to oppose U.S. sanctions at a U.N. meeting, according to September 2025 reporting. In December 2025, the United States threatened new ICC sanctions unless the court pledges not to prosecute Trump. Those episodes came before the current warnings about an institution-wide measure.

The broader context here is a contest over enforcement jurisdiction, or who the Court has the power to judge. The Hague Group frames ICC and ICJ rulings as binding law to be defended. Washington frames ICC action touching Israel and U.S. personnel as illegitimate and politicised. Neither position is new. What is new is the prospect of moving from listed individuals to the institution.

Looking at what this means for diplomacy, host-state politics will matter. The Netherlands hosts the Court. Japan has now publicly defended its national serving as ICC president. South Africa, as Hague Group co-chair, is using General Assembly week to consolidate opposition among ICC member states. Whether banks, vendors and member-state agencies adjust their dealings before any designation is published will determine how disruptive even the threat becomes.