International Initiative to Defend the ICC and its Judges

1. Rationale for the Initiative

On 6 February 2025, the President of the United States signed an Executive Order imposing sanctions on the International Criminal Court (the "Court"), its personnel, and any person providing support to its activities. The Executive Order draws, in particular, upon the American Service-Members' Protection Act of 2002, legislation enacted by the U.S. Congress to shield United States nationals from the jurisdiction of the Court.

Since then, the sanctions have been expanded in successive rounds. As of 19 December 2025, eleven judges of the Court were subject to asset freezes and entry bans barring them from the territory of the United States, following the designation of two additional judges on that date.

The Office of the Prosecutor of the Court has likewise been subjected to U.S. sanctions and pressure. In 2020, sanctions were imposed on former Prosecutor Fatou Bensouda, including the freezing of her assets, restrictions on financial and commercial dealings with U.S. individuals and entities, visa restrictions, and a ban on entry into the United States.

Pressure was also exerted against Prosecutor Karim Khan, who was subjected to similar sanctions and publicly stated that he and his family had received threats in connection with his applications for arrest warrants against the Israeli Prime Minister and his position during the genocidal war on Gaza.

Testimonies collected from sanctioned judges demonstrate the serious real-world consequences of these measures: frozen bank accounts and assets held by U.S.-linked entities; unilateral termination of digital accounts and services (Apple ID, iCloud, Amazon, PayPal, Airbnb); travel restrictions to the United States; and a persistent state of uncertainty affecting the personal and professional lives of the individuals concerned and their families.

2. Legal Foundations of the Initiative

Article 48 of the Rome Statute guarantees the privileges and immunities enjoyed by judges, the Prosecutor, and Court officials in the exercise of their functions, while Article 70 addresses offences against the administration of justice, including certain forms of interference with Court officials in connection with the performance of their duties.

Unilateral sanctions targeting judges for acts undertaken in the exercise of their judicial mandate directly conflict with these principles and with the broader principle of judicial independence recognised under international law.

3. Objectives of the Initiative

The initiative seeks to: defend the ICC, its judges and personnel; mobilise international networks in support of judges subjected to sanctions; activate or strengthen existing protective mechanisms (including the EU Blocking Statute and comparable national mechanisms); and adopt concrete practical measures to protect judges subjected to sanctions.

The initiative envisages the establishment of a Legal Support Fund to enable the engagement of lawyers and specialised organisations to defend the interests of the Court and its judges before the competent U.S. courts, as well as before any international or regional body that may examine the legality of such sanctions.

4. Areas of Action and Implementation Plan

Establishing a network of lawyers and law firms specialising in international criminal law and U.S. law; preparing legal briefs and amicus curiae submissions; systematically documenting the concrete adverse effects experienced by sanctioned judges; examining available avenues for legal challenge; and coordinating action with existing networks including the Coalition for the ICC, bar associations and judicial associations.

5. Conclusion

In the face of an unprecedented assault on the independence of international criminal justice, this initiative proposes an organised response combining diplomatic mobilisation with legal action. Its success depends on broad international support, transparent governance, and close coordination with stakeholders already committed to this cause.

Issued in Istanbul — 12 July 2026