ICC prepares for potential sanctions from Trump administration

The International Criminal Court (ICC) is preparing for a significant challenge as fears grow over the potential implementation of aggressive economic sanctions by the incoming Trump administration.

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ICC officials anticipate that the new administration will act swiftly to impose stringent financial and travel restrictions on the court and its senior staff, including the chief prosecutor and judges, The Guardian reported.

The looming threat of US sanctions follows the ICC's November issuance of arrest warrants against "Israeli" Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for war crimes and crimes against humanity in Gaza.

In response to the warrants, the US House of Representatives voted to advance legislation imposing sanctions on the ICC, with Republican leaders indicating a Senate vote would follow soon.

However, multiple sources within the ICC suggest that the court's leadership fears Trump may not wait for this legislation and could instead issue an executive order to lay the groundwork for immediate sanctions.

According to officials and diplomats familiar with the ICC’s preparations, the court is bracing for a "worst-case scenario" where institutional sanctions are implemented alongside measures targeting individual court officials.

While sanctions on individual officials could be challenging, ICC sources indicate that institution-wide sanctions could critically threaten the court's functionality, jeopardizing its access to essential services.

"The concern is that the sanctions will be used to shut the court down, to destroy it rather than just tie its hands," an ICC official stated.

Critical services at risk include the ICC’s access to banking, payment systems, IT infrastructure, and insurance providers, which would hinder the court's ability to conduct operations.

A pressing concern is the ICC’s reliance on Microsoft, particularly following a partnership aimed at overhauling the court’s systems. The Microsoft Azure cloud platform is vital for the court's investigations, and any disruption could paralyze its operations.

"We essentially store all of our evidence in the cloud," noted one source from the prosecutor’s office.

In light of these threats, court authorities are reviewing their suppliers and terminating certain commercial relationships to mitigate exposure to potential sanctions. Staff members have been advised to consider closing any US bank accounts they hold.

The ICC is also exploring legal mechanisms within the EU and UK that could shield companies from complying with US sanctions. While not a complete solution, European diplomats express hope that such "blocking statutes" could protect businesses willing to continue dealings with the court despite sanctions.

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The ICC previously faced US sanctions in 2020 under Trump, which imposed travel bans and asset freezes on then-prosecutor Fatou Bensouda. However, these measures were more narrowly focused compared to the broader implications expected from the upcoming sanctions.

Päivi Kaukoranta, president of the ICC’s governing body, emphasized that the sanctions could significantly impede the court's investigations and compromise the safety of victims and witnesses. She stressed the need for the court's work to continue without interference.