US Sanctions ICC President and Prosecutor Over Court Disputes

Rubio announced sanctions Tuesday against ICC President Tomoko Akane of Japan and senior trial lawyer Abdoulaye Seye of Senegal, citing their roles in ICC efforts to pursue officials from non-member states.

• Sanctions freeze U.S.-held assets and bar U.S. entities from transacting with both officials.
• September 17 is the effective date of the new designations.
• More than a dozen ICC judges and prosecutors have now been sanctioned by the U.S.
• Chad and Venezuela both announced ICC withdrawals after the U.S. campaign launched in July.

Why it matters: The sanctions are the sharpest tool in a stated U.S. goal to render the ICC unable to operate against American or Israeli officials. Courts and human rights groups are already contesting prior sanctions as unconstitutional.

• Financial institutions have cut sanctioned ICC officials off from much of the international banking system.
• Four human rights groups sued the Trump administration last week, arguing the sanctions block war-crime victims from seeking justice.

How 20 sources split on this story

Where they split: The core dispute is whether the ICC has lawful jurisdiction to pursue nationals of countries — including the U.S. and Israel — that never joined the Rome Statute.

What’s next: Rubio said the administration is prepared to take additional measures against the court if necessary.

• The U.S. is pressing ICC member states to withdraw and has threatened scrutiny of those that do not.
• Pending lawsuits from three ICC judges and multiple human rights groups will continue working through U.S. courts.
• Will additional ICC member states follow Chad and Venezuela in withdrawing under U.S. pressure?
• How will U.S. courts rule on the pending lawsuits challenging the sanctions as unconstitutional?
• Will the ICC pursue further arrest warrants — including for Israeli officials in the West Bank case — despite the sanctions?