Exclusive: International Criminal Court prepares for possible US sanctions

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THE HAGUE (Reuters) – The International Criminal Court has taken measures to shield staff from possible U.S. sanctions, paying salaries three months in advance, as it braces for financial restrictions that could cripple the war crimes tribunal, two sources said on Friday. The U.S. House of Representatives voted this month to punish the court for issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defence minister over Israel’s campaign in Gaza.

The bill would impose sanctions on any foreigner who investigates, arrests, detains or prosecutes U.S. citizens, or those of allied countries that are not members of the court. That includes Israel.

While the exact scope of the sanctions and the targets are still unclear, the court is preparing for major financial fallout, the sources who spoke to Reuters on condition of anonymity, said.

One of the sources said evidence was being backed up due to fears U.S. tech giant Microsoft would have to stop working with the court. The ICC told Reuters in an email it would not comment on any internal measures that may have been taken to protect the organisation and its staff. The bill’s sponsors said they wanted a vote as soon as possible, which could be next week, but lawmakers have been busy confirming officials for new U.S. President Donald Trump’s administration.

It will be the second time the court has faced U.S. retaliation as a result of its work. During the first Trump administration in 2020, Washington imposed sanctions on then-prosecutor Fatou Bensouda and one of her top aides over the ICC’s investigation into alleged war crimes by American troops in Afghanistan.

Any banks with ties to the United States, or who conduct transactions in dollars, are expected to have to comply with the sanctions, severely limiting the ICC’s ability to carry out financial transactions.

The 125-member ICC is a permanent court that can prosecute individuals for war crimes, crimes against humanity, genocide and the crime of aggression against the territory of member states or by their nationals. The United States, China, Russia and Israel are not members.

In December, the court’s president, judge Tomoko Akane, warned that sanctions would “rapidly undermine the Court’s operations in all situations and cases, and jeopardise its very existence”.