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February 6, 2025 Imposing Sanctions On The International Criminal Court - Executive Order

Summary of Executive Order on the International Criminal Court (ICC)

Background and Legal Authority

This executive order, issued by President Donald J. Trump, is based on authorities granted by the U.S. Constitution and various federal laws, including the International Emergency Economic Powers Act (IEEPA), the National Emergencies Act (NEA), the Immigration and Nationality Act (INA), and Title 3 of the United States Code. These laws empower the President to impose economic and immigration-related restrictions in response to national security threats.


Key Findings

  • The executive order states that the International Criminal Court (ICC) has engaged in investigations and legal actions against U.S. and allied personnel, particularly Israel, without legitimate jurisdiction.

  • The order claims that the ICC's recent actions, including issuing arrest warrants for Israeli officials, pose a threat to U.S. sovereignty and national security.

  • The United States and Israel are not parties to the Rome Statute, which established the ICC, and do not recognize its jurisdiction over their personnel.

  • The order references the American Servicemembers’ Protection Act of 2002, which was enacted to prevent the prosecution of U.S. military personnel and government officials by international courts that the U.S. has not joined.

  • The executive order states that ICC investigations could subject U.S. and allied personnel to harassment and possible arrest, threatening foreign policy and national security operations.


Sanctions and Restrictions

  • Asset Freezing:

    • Any property or financial assets in the United States belonging to individuals involved in ICC investigations against protected persons (U.S. and allied personnel) will be blocked.

    • This includes individuals who materially support, fund, or assist in ICC investigations or prosecutions of such persons.

  • Travel Restrictions:

    • Entry into the United States will be suspended for ICC officials, employees, agents, and their immediate family members if they are determined to be involved in such investigations.

    • The Secretary of State has the authority to determine exceptions based on U.S. interests.

  • Prohibited Transactions:

    • U.S. persons and entities are prohibited from providing financial support, goods, or services to individuals whose assets are blocked under this order.

    • Donations and contributions benefiting these individuals are also prohibited.

  • Implementation and Reporting:

    • The Secretary of the Treasury, in consultation with the Secretary of State, is responsible for enforcing the order and can issue regulations as needed.

    • A report identifying additional persons subject to these sanctions must be submitted to the President within 60 days.

    • Federal agencies must take appropriate steps to ensure compliance with this order.


Definitions and Scope

  • Protected Persons: Includes U.S. citizens, military personnel, government officials, and employees, as well as those from U.S. allies who have not consented to ICC jurisdiction.

  • Allies of the United States: Defined as NATO member states and designated major non-NATO allies.

  • Foreign Person: Any individual or entity that is not a U.S. citizen or U.S.-based organization.

  • Immediate Family Member: Defined as a spouse or child.


General Provisions

  • The order states that it does not create legal rights enforceable by individuals against the U.S. government.

  • Federal agencies are instructed to implement the order consistent with applicable laws and funding limitations.

  • Certain transactions related to U.S. government business are exempt from the prohibitions.


Conclusion

This executive order establishes economic and immigration restrictions on individuals associated with ICC actions against U.S. and allied personnel. It declares a national emergency in response to perceived threats posed by ICC investigations, emphasizing U.S. sovereignty and legal protections for military and government officials. The enforcement measures include asset blocking, travel bans, and financial prohibitions, with the goal of deterring further ICC actions against protected persons.



Writer's Note: Summary made with the use of AI tools for editing and quick processing, facts checked against the order before publishing.

 
 
 

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