MAGA pressure on international justice: “Hands off the ICC”

The International Criminal Court (ICC) in The Hague is under increasing pressure: during his recent appearance before the UN General Assembly, Donald Trump described it as an “unscrupulous institution” run by a “malicious group of people” that had gotten “out of control.” The highlight of the US President's tirade was the call for the 125 member states of the court - the USA, along with Russia, China, India, Israel and Turkey, is not included - to withdraw from the tribunal.

Founded in 1998 on the basis of the Rome Statute and in operation since 2002, the ICC is a milestone in the history of international law. Unlike the International Court of Justice (ICJ), also based in The Hague, which hears disputes between states, the ICC is aimed at individual defendants. They are accused of particularly serious crimes such as genocide, war crimes, crimes against humanity and war of aggression. He sees his own role in the global fight against impunity, where, according to his website, he wants to “supplement, not replace” national courts.

Especially since Trump's return to the White House, the court has been increasingly met with anger from MAGA supporters. On the one hand, this is due to the arrest warrant against Israeli Prime Minister Benjamin Netanyahu. The ICC issued this in November 2024, as well as against its former defense minister Joav Gallant and the Hamas leaders Mohammed Deif, Ismail Hanija and Jahja Sinwar. The second reason is the investigations against US citizens for alleged war crimes in Afghanistan, which the ICC allowed.

As early as 2020, during Trump's first term in office, the US government imposed sanctions on the then chief prosecutor, Fatou Bensouda, because of this decision. Under Joe Biden, the measures against Bensouda were withdrawn. In his UN speech earlier this week, Trump announced that American citizens would never be allowed to be investigated or subjected to "show trials by an anti-American tribunal that has no jurisdiction over us."

Shortly before, the Wall Street Journal had reported that Trump was preparing “drastic sanctions” against the ICC that would largely cut it off from the global financial system. Details are not yet known. What is clear, however, is that the US President is significantly increasing the pressure on the Court. Shortly after the start of his second term in 2025, he imposed an entry ban on managers, employees and employees of the Court as well as their closest family members.

In the summer of 2025, the US government also imposed personal sanctions on four female judges in The Hague. According to Secretary of State Marco Rubio, they “actively participated in the Criminal Court’s unlawful and unfounded actions against America and our loyal ally Israel.” Two of them ordered “unfounded investigations” against US military personnel in Afghanistan, the others were blamed for the “illegal arrest warrants” against Netanyahu and Gallant. All four are not allowed to own property in the USA or do business with US companies or citizens. Further sanctions followed against judges and prosecutors, most recently President Tomoko Akane and the current lead lawyer Abdoulaye Seye.

In the last two years, the ICC, the tribunal's English name, has also been in the spotlight because of the investigations against its own chief prosecutor, Karim Khan. He is accused of sexual assault against employees and abuse of power, which Khan denies. Khan had not officially held office since 2025 and was removed from office in July by a vote of the contracting states at a special session. He had previously been suspended.

German Foreign Minister Johann Wadephul announced on Deutschlandfunk that “of course” they would not withdraw from the court. The ICC is “an important institution” and, as “part of a rules-based order,” an expression of “the separation of powers, the rule of law and the enforcement of humanity.”

He received support from Rob Jetten, the Dutch Prime Minister. He spoke out, also before the UN General Assembly, firmly against “undermining institutions that protect people and population groups”. In view of the attacks on the Criminal Court, there can only be one answer: “Hands off the ICC and all other institutions that protect the international legal order.”

The consequences of this dismantling are already visible: for example in Luxembourg, where the state-owned bank Spuerkeess closed two criminal court accounts at the beginning of the year for fear of possible negative effects on its US business relationships. The left-wing opposition then accused the government of failing to defend the ICC out of premature obedience to Trump.