The US has long objected to jurisdiction of the International Criminal Court (ICC), the body charged with trying war crimes and crimes and against humanity, based in The Hague. The US therefore did not sign on to the court's establishing instrument, the Rome Statute, which was entered into force in 2002.
The Executive Order issued on 11 June provides that the US may implement sanctions against any foreign person determined to:
- Have directly engaged in any effort by the ICC to investigate, arrest, detain, or prosecute any US personnel without the consent of the US.
- Have directly engaged in any effort by the ICC to investigate, arrest, detain, or prosecute any personnel of a country that is an ally of the US without the consent of that country’s government.
It also provides for the possibility of sanctions on persons who provide material support for the same.
There is currently no indication of when such sanctions might be put in place, or which parties are expected to become targets.
I, DONALD J. TRUMP, President of the United States of America, find that the situation with respect to the International Criminal Court (ICC) and its illegitimate assertions of jurisdiction over personnel of the United States and certain of its allies, including the ICC Prosecutor’s investigation into actions allegedly committed by United States military, intelligence, and other personnel in or relating to Afghanistan, threatens to subject current and former United States Government and allied officials to harassment, abuse, and possible arrest.