Court leaders say new US sanctions have not slowed investigations

The International Criminal Court has long navigated complex financial and political landscapes, but a new round of American measures has intensified the scrutiny on its operational stability. The latest developments highlight a growing tension between global judicial institutions and the United States government.

US Secretary of State Marco Rubio announced the new sanctions on 9 October, labeling the court a rogue entity and issuing a stark ultimatum. He stated that the court must either cease its threats or face its own dismantlement. Washington provided a six month window for the ICC to negotiate a solution to its concerns, though the specific requirements for compliance remain undefined.

Nazhat Shameem Khan, who is currently co leading the prosecutor's office while awaiting the appointment of a new chief, addressed the impact of these measures. She reported that investigations into the Gaza war and other significant cases have made substantial progress since the arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Galant were issued in November 2024.

Khan clarified that the lack of new public charges since late 2024 is not a sign of stagnation. A ruling earlier this year mandated that all charges and warrant applications remain confidential until judges determine they can be disclosed. She noted that even when investigations near a critical stage, the court may refrain from public discussion to maintain this secrecy.

While the formal sanctions are not scheduled to take effect until six months from their announcement, Khan indicated that staff are already feeling the pressure. She described a trend of banks over complying with the new regulations to minimize risk. This cautionary approach is causing difficulties for individual employees, even though the sanctions are technically imposed on the institution rather than directly on its members.

To mitigate these risks, the court is actively diversifying its operational infrastructure. The institution is transitioning its software from Microsoft to European alternatives and is negotiating new terms with service providers for banking and health insurance. Khan emphasized that the court has not reduced its investigative capabilities or output based on the sanctions, although the full impact remains to be seen once the measures become active.

Khan has personal experience with such restrictions, having been one of thirteen ICC staff targeted by US sanctions in February 2025. She described the inconvenience of life without a credit card, particularly for international travel, but noted that this perspective is balanced by the needs of victims. She observed that for those affected by mass atrocities, the mechanics of sanctions are irrelevant compared to their desire for justice.

The prosecutor's office faces internal challenges in addition to external pressure. Formal investigations into allegations of sexual harassment against former chief prosecutor Karim Khan began in late November 2024. The British jurist denied the charges and was removed from his position in July of this year following a vote by member states. This internal restructuring is occurring alongside the external political friction.

Secretary of State Rubio recently suggested without evidence that globalist experts wanted the ICC to prosecute US citizens. Khan responded that no Americans had been brought before the court, noting that if the reference was to Afghanistan, the priority there lies with offenses against women and vulnerable groups by the Taliban and Islamic State Khorasan. This month, the court unsealed four arrest warrants against Taliban members for gender persecution.

The ICC registrar is currently negotiating with the European Union to block the sanctions or secure alternative protections. The European Parliament awarded its Sakharov prize for freedom of thought to the court and its officials this week. Khan viewed this recognition as a vital signal of support for her staff, stating that the intense attention reflects the court's relevance in providing a path to justice for victims who seek to bypass political influence.