Trump vs. ICC: US Sanctions Prosecutor Karim Khan After Netanyahu Arrest Warrant Issued

These sanctions, which include the freezing of Khan’s assets within the United States and a ban on his entry to the country, are a direct result of the ICC’s investigation into alleged war crimes during the Gaza conflict.

In May 2024, Khan applied for arrest warrants against Netanyahu and Gallant, accusing them of war crimes, including the use of starvation as a method of warfare, and crimes against humanity, such as murder and persecution, in relation to actions during the ongoing Gaza war. These charges led to the official issuance of arrest warrants in November 2024.

The sanctions against Khan follow U.S. President Donald Trump’s executive order signed in the previous week, which targets the ICC over its decision to issue the arrest warrants for Israeli officials. The executive order claims that the ICC has "abused its power" and engaged in "illegitimate and baseless actions" by prosecuting Israeli leaders. It also criticizes the court’s past actions involving U.S. military personnel, particularly its investigation into potential war crimes in Afghanistan.

The U.S. Treasury’s Office of Foreign Assets Control (OFAC) added Khan to the Specially Designated Nationals and Blocked Persons List, effectively freezing any assets he holds in the U.S. and barring his entry into the country. This marks the first time that an ICC official has been sanctioned under Trump’s executive order. The sanctions are part of a broader effort to oppose the ICC's jurisdiction and its activities targeting Israel, a country that is not a signatory of the Rome Statute, which established the ICC.

The U.S. sanctions have sparked significant international criticism. A coalition of 79 countries, which includes two-thirds of the ICC's members, condemned the move, arguing that it undermines the rule of law and may lead to impunity for serious crimes. They warned that such sanctions could have detrimental effects on ongoing investigations and potentially lead to the closure of the court's field offices. Despite these objections, the U.S. government has reiterated its stance that the ICC has no jurisdiction over Israel or the U.S. due to both countries’ non-membership in the court.

The controversy surrounding these sanctions comes as the ICC continues to pursue accountability for alleged atrocities in Gaza, including issuing warrants for key Hamas leaders as well. The escalating political and legal tensions between the U.S., the ICC, and Israel are expected to shape international relations and legal precedents in the years to come.