Imposing Sanctions on the International Criminal Court
This executive order, signed by President Donald J. Trump on February 5–6, 2025, declares a national emergency under the International Emergency Economic Powers Act (IEEPA) and related authorities to impose targeted sanctions on the International Criminal Court (ICC) and certain persons connected to its actions. The order blocks property and interests in property in the United States (and that come within U.S. possession or control) of listed ICC officials and other foreign individuals whom the Secretary of State, in consultation with the Treasury and Attorney General, determines have directly engaged in or supported ICC actions that threaten U.S. national security or foreclose sovereign prerogatives of the United States and its allies. It also restricts donations to blocked persons and imposes entry bans on certain aliens and their immediate family members when their entry would be detrimental to U.S. interests. The order defines key terms (such as “protected person,” “ally of the United States,” and “foreign person”) and directs agencies to implement and report on the action, while preserving certain lawful government activities and budget processes. In short, the order is designed to deter ICC actions against the United States and close allies (notably Israel), by freezing assets, blocking financial dealings, restricting U.S. entry for target individuals and their families, and enabling ongoing monitoring and updates to the list of persons covered.
Key Points
- 1Section 1: Property blockage for ICC-related targets. The order blocks all property and interests in property of (i) individuals listed in an Annex and (ii) other foreign persons the Secretary of State designates, who have directly engaged in ICC efforts to investigate, arrest, detain, or prosecute protected persons without their country’s consent, or who materially assist such activities or act on behalf of blocked individuals. It applies to property under U.S. jurisdiction or control and is broad-wrapped to existing contracts, licenses, and pre-existing arrangements unless otherwise authorized.
- 2Sec. 4: Entry suspensions for certain aliens and their immediate family. The order suspends the entry of non-U.S. aliens meeting the criteria in Sec. 1 (and their immediate family members) as immigrants or nonimmigrants, unless the Secretary of State (with input from the Attorney General) determines that entry would not be contrary to U.S. interests or would support important U.S. law enforcement objectives.
- 3Sec. 2–3: Prohibition on donations and financial flows to blocked persons. Donations of specified articles to or for the benefit of blocked persons are prohibited if they would impair U.S. national emergency objectives. The prohibitions cover making and receiving contributions, and the flow of funds, goods, or services to blocked persons.
- 4Sec. 5 & 10–11: Presidential reporting and implementation. Treasury, in consultation with State, must submit a report within 60 days on additional persons to be included under Sec. 1. The order authorizes Treasury (with State) to issue regulations and use IEEPA powers to implement measures, and requires ongoing reporting to Congress on the national emergency.
- 5Sec. 8–9: Definitions and stealth listing. The order defines key terms (e.g., “protected person,” “ally of the United States,” “immediate family member,” “foreign person”) and states that in some cases there will be no prior notice before listing, to ensure effectiveness against instantaneous asset transfers.