Donald Trump, the president-elect set to take office on January 20, 2025, is considering a range of punitive measures against the International Criminal Court (ICC) in response to its recent arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. These warrants stem from allegations of war crimes related to the ongoing conflict in Gaza.

Potential Actions by Trump Against the ICC

• Sanctions on ICC Officials: Trump is contemplating imposing sanctions on key ICC officials, including its chief prosecutor, Karim Khan. This follows a strong backlash from his allies who view the ICC’s actions as biased and lacking credibility. Incoming national security adviser Mike Waltz has publicly stated that the allegations against Netanyahu have been refuted by the U.S. government, framing Israel’s military actions as legitimate self-defense against terrorism.

• Legislative Support: Republican leaders, including Senator Lindsey Graham, have urged for swift legislative action to impose sanctions on the ICC. This reflects a broader sentiment among U.S. lawmakers who are rallying against what they perceive as an unjust attack on an ally.

• Historical Context: Trump’s administration previously sanctioned ICC officials during his first term over investigations into alleged U.S. war crimes in Afghanistan and Israel’s actions in Palestine. The Biden administration reversed these measures upon taking office, but Trump’s return to power could see a reinstatement of such policies.

Limitations and Challenges

While Trump may advocate for sanctions and other punitive measures, there are significant limitations regarding his ability to compel the ICC to drop the arrest warrants:

• ICC’s Independence: The ICC operates independently of U.S. influence, and its decisions are based on international law rather than political pressure from any single country, including the United States.

• Non-Member Status: Both Israel and the U.S. are not members of the ICC, which means they are not bound by its jurisdiction or decisions. Consequently, even if Trump were to push for sanctions or other actions, it is unlikely that these would directly affect the ICC’s operations or its legal proceedings against Netanyahu.

• International Reactions: The issuance of arrest warrants has already prompted mixed reactions globally, with some countries expressing support for the ICC’s role in addressing war crimes while others align with U.S. and Israeli criticisms of the court’s legitimacy.

In summary, while Trump may seek to leverage sanctions and political pressure against the ICC regarding the arrest warrants for Netanyahu, his actual ability to enforce such actions effectively remains limited by the court’s independence and international legal frameworks.