ICC: UN Experts Call US Sanctions on the Court an Assault on International Accountability

Summary

On 9 October 2026, independent United Nations human rights experts warned that the United States Government's decision to impose sanctions on the International Criminal Court as an institution is an assault on the international administration of justice. According to an OHCHR press release issued the same day, the experts described the measure as a brash attempt to dismantle the international legal system created to hold perpetrators of the gravest crimes to account.

UN News reported that Secretary of State Marco Rubio announced the sanctions and said the United States would ban transactions with the Court. UN Secretary-General Antonio Guterres condemned the move against the Court as an institution, calling it a serious blow to the collective pursuit of international criminal justice. This report summarises the experts' statement, related UN and Court responses, and the relevant international standards.

Background: Escalation of Measures Against the Court

According to the OHCHR release, the United States had already sanctioned more than 10 current or former ICC judges and personnel, and one UN Special Rapporteur, under US Executive Order 14203 of 2025, before adding the Court itself as a sanctioned entity on 9 October 2026.

UN News reported that the Court said previous US measures had already targeted 13 judges and prosecutors. Human Rights Watch stated on 9 October 2026 that the Trump administration had previously sanctioned ICC prosecutors, nine ICC judges, three Palestinian human rights groups and the UN Special Rapporteur on the situation of human rights in the Occupied Palestinian Territory, and had called on ICC member countries to leave the Court.

The International Criminal Court is a permanent tribunal established by the Rome Statute to try individuals accused of genocide, crimes against humanity, war crimes and the crime of aggression. Human Rights Watch noted that nearly two thirds of UN member countries are States Parties and that the Court has opened investigations in 17 situations, including Afghanistan, Darfur in Sudan, Bangladesh/Myanmar, Ukraine and Venezuela, in addition to the situation in Palestine.

The Experts' Assessment

In the OHCHR statement, the experts said sanctioning the institution entrusted with delivering justice for the gravest international crimes is an assault on the foundations of international accountability and the rule of law. They said no State should place itself beyond the reach of the law by intimidating the court established to enforce it and attempting to dismantle it.

The experts warned that the attack directly injures victims of atrocities and their advocates, who rely on the ICC for justice, accountability and reparation. They called on States committed to the rule of law to stand together in defence of the Court and its independence.

The experts urged the European Union to activate the EU Blocking Statute so that banks and service providers in the EU are not compelled to comply with third country sanctions that violate international law. They also called on other States with similar statutes to activate them, reiterated calls to ratify and use the Agreement on Privileges and Immunities of the ICC, and urged States whose nationals work at the Court to take concrete steps so that those nationals do not bear the brunt of the sanctions alone. The Court employs citizens from about 100 countries, according to the experts.

Position of the United Nations and the Court

According to UN News, Secretary-General Guterres was deeply alarmed by the expected impact on the Court's continued ability to perform its mandates. He reiterated unwavering support for the independence of the Court and its officials and called on all States to uphold their commitments under international law. The UN said it remains committed to cooperating with the ICC under the relationship agreement approved by the General Assembly on 13 September 2004.

The ICC, in a statement reported by UN News, described the designation as an assault on the rule of law and on the foundations of the international legal order. ICC President Tomoko Akane said the Court would continue to discharge its mandate with independence and impartiality, acting on the basis of the law and the evidence for the sake of victims of grave crimes. The Court said its fate also rests in the hands of the States that created it and that the Rome Statute's promise is only as strong as the resolve of those who made it.

Position of the Government of the United States

Announcing the sanctions, Secretary Rubio said the United States would ban transactions with the Court, cutting off resources and crippling its ability to operate, according to UN News. He said America never joined the Court, does not need it and does not want it. Rubio said the door to diplomacy remained open while warning that either the ICC would end what Washington regards as threats, or the United States would end the ICC, and that Washington expected allies to rein in the Court.

Human Rights Watch reported that Rubio stated the sanctions were aimed at shielding US nationals from investigation and prosecution at the ICC, and that the administration has objected to the Court's investigation of Israeli nationals for conduct in Palestine. The ICC has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for serious crimes in Gaza, Human Rights Watch reported, noting that Palestine became an ICC member in 2015.

Effects Described by Observers

Human Rights Watch said US sanctions can freeze or close bank accounts, block financial transactions, deny access to digital services and impose US entry bans, and that they can chill non US banks and companies that fear losing access to the US banking system. As a result, the Court could lose access to services it needs for everyday functions, from banking and information technology to travel.

The International Bar Association, in a 9 October 2026 statement, said the designation of the Court as an entity under Executive Order 14203 is expected to severely impact the Court's ability to continue operations unless States Parties act urgently to protect the Court, its personnel and those cooperating with it. The IBA called on all 125 States Parties to reject the sanctions publicly and adopt national and regional measures to limit their impact.

Relevant International Standards

The Rome Statute of the International Criminal Court establishes the Court's jurisdiction over the most serious crimes of international concern and affirms that the Court shall be independent. The Charter of the United Nations commits Member States to settle disputes in conformity with international law and to respect obligations arising from treaties. The Agreement on Privileges and Immunities of the International Criminal Court is designed to enable the Court and its personnel to carry out their functions without improper interference.

The relationship agreement between the United Nations and the ICC, approved by the General Assembly on 13 September 2004, provides a framework for cooperation between the two institutions.

Taskforce Note

The Global HR Taskforce will continue to monitor developments, including any activation of blocking statutes by States Parties, litigation challenging the sanctions regime, and further statements by UN mechanisms and the Assembly of States Parties. Sources: OHCHR press release, "An assault on the administration of justice: US sanctions against ICC threaten system of international accountability, warn UN experts," 9 October 2026; UN News, "Serious blow: Guterres condemns new US sanctions on International Criminal Court," 9 October 2026; Human Rights Watch, "US Sanctions on ICC Put Global Justice at Risk," 9 October 2026; International Bar Association statement, 9 October 2026; Rome Statute of the International Criminal Court; UN General Assembly relationship agreement with the ICC, 13 September 2004.