Trump Sanctions on ICC Decried as 'Lawless Israel First' Policy

Amid global outrage over U.S. President Donald Trump's plan to take over the war-torn Gaza Strip, the Republican also faced criticism on Thursday for his executive order sanctioning the International Criminal Court.

"Bullying the International Criminal Court is a desperate tactic to intimidate those who uphold international law and seek accountability for Israeli war crimes in Gaza," said Council on American-Islamic Relations (CAIR) national executive director Nihad Awad in a statement.

"It's a 'lawless Israel first' policy that further damages the reputation of the United States, which has already been harmed greatly by our nation's complicity with Israel's genocide in Gaza," he continued. "Instead of kowtowing to Israel and doing the bidding of its genocidal government, the president should act in the interests of our nation."

According toNewsNation, which first reported on Trump's order, it was "originally set to be signed Tuesday and pushed back due to a visit from Israeli Prime Minister Benjamin Netanyahu," the subject of an ICC arrest warrant over Israel's assault on Gaza.

"It is obvious that President Trump wants no oversight of his actions or those of the far-right Israeli government of indicted war criminal Benjamin Netanyahu."

The ICC in November also issued related warrants for former Israeli Defense Minister Yoav Gallant and Hamas leader Mohammed Diab Ibrahim Al-Masri. Neither Israel nor the United States—which arms Netanyahu's government—are parties to the Rome Statute, the treaty that established the tribunal for genocide, war crimes, crimes against humanity, and the crime of aggression.

The court "has engaged in illegitimate and baseless actions targeting America and our close ally Israel," Trump's order claims. "The ICC has, without a legitimate basis, asserted jurisdiction over and opened preliminary investigations concerning personnel of the United States and certain of its allies, including Israel, and has further abused its power by issuing baseless arrest warrants targeting" Netanyahu and Gallant.

"The ICC's recent actions against Israel and the United States set a dangerous precedent, directly endangering current and former United States personnel, including active service members of the armed forces, by exposing them to harassment, abuse, and possible arrest," the order adds, citing a 2002 U.S. law that opponents call the Hague Invasion Act, which empowers the president to use military force to free any American or citizen of an ally held by the court.

"Americans want more oversight on those in power, not less," Awad argued. "From his firing of independent U.S. inspector generals to this order, it is obvious that President Trump wants no oversight of his actions or those of the far-right Israeli government of indicted war criminal Benjamin Netanyahu. American greatness relies on check and balances, never on one man's whims."

During Trump's first term, he sanctioned ICC officials and revoked the chief prosecutor's visa. His new order, NewsNation reported, "will put financial and visa sanctions on individuals and family members who help the ICC investigate U.S. citizens or allies."

According to NBC News, a White House fact sheet on the order says that "the ICC was designed to be a court of last resort," and "both the United States and Israel maintain robust judiciary systems and should never be subject to the jurisdiction of the ICC."

Charlie Hogle, staff attorney with ACLU's National Security Project, said in a statement that "victims of human rights abuses around the world turn to the International Criminal Court when they have nowhere else to go, and President Trump's executive order will make it harder for them to find justice. The order also raises serious First Amendment concerns because it puts people in the United States at risk of harsh penalties for helping the court identify and investigate atrocities committed anywhere, by anyone. This is an attack on both accountability and free speech."

Sanctioning ICC staff and their families "because they did their job in investigating U.S. torture and advancing justice for Palestinians in the face of Israel's 15-month total assault on Gaza is a direct attack on the rule of law," declared Vincent Warren, executive director of the Center for Constitutional Rights. "The broad scope of the executive order is intended to embolden perpetrators across the world and to inhibit the pursuit of international justice against the most powerful."

Center for International Policy's vice president of government affairs, Dylan Williams, argued that Trump's order "continues his march to make America a pariah state" and "provides succor to brutal dictators, aggressors, and other human rights abusers around the world whom he admires."

"It is not a coincidence that Trump's move against the ICC comes just hours after he proposed that the United States carry out a crime against humanity in Gaza."

"It is not a coincidence that Trump's move against the ICC comes just hours after he proposed that the United States carry out a crime against humanity in Gaza, while standing next to a man wanted by the court to answer for war crimes in that territory," Williams said. "The objective of attacking the court is to ensure absolute impunity for those, like both of them, who seek to act unrestrained by any law."

"States that are party to the Rome Statute should reaffirm and carry out their obligations with respect to the court, including the consistent enforcement of its duly issued warrants and orders," he continued. "American lawmakers should treat this attack on a judicial body and its officers as they do Trump's efforts to destroy domestic institutions of justice, independent of the fact that they may disagree with certain rulings or actions of such bodies."

Williams added that "defending the legitimacy of the ICC is an inseparable part of the fight to protect the rule of law in the United States and around the world from the forces of autocracy and oligarchy. Those who fail to firmly oppose Trump's attack on the court—or worse, support it—are proving themselves to be only fair-weather friends to democracy and human rights at best, or complicit in their destruction outright."

Netanyahu and Gallant's visits to the U.S. this week have been met with protests and calls for their arrests.

Punchbowl News' Max Cohen reported that Netanyahu met with and pressured U.S. senators to pass a federal ICC sanctions bill that was advanced early last month by the House of Representatives' Republican majority and 45 Democrats.

Senate Minority Leader Chuck Schumer (D-N.Y.), Cohen said, "reiterated Dems are eager to get a bipartisan compromise and Netanyahu agreed there should be a compromise."

This post was updated with additional comment and details after the White House released the executive order.