Netherlands Condemns US Sanctions Against ICC Officials
The Netherlands has criticized the latest US sanctions against senior International Criminal Court officials. Dutch Foreign Minister Tom Berendsen said international courts must be able to carry out their mandates freely. His remarks followed Washington’s decision to sanction ICC President Tomoko Akane and senior trial lawyer Abdoulaye Seye. US Secretary of State Marco Rubio said the two officials had taken part in ICC efforts involving officials whose governments had not accepted the court’s jurisdiction. The move has further strained relations between Washington and the Hague-based tribunal, which the Netherlands hosts.
The Dutch government has backed the ICC while the United States has expanded its pressure campaign against the tribunal. Washington has previously sanctioned several ICC judges and prosecutors. Meanwhile, the ICC said the latest measures undermine the rule of law and could threaten the wider international legal order. Japan also described the sanctions against Akane as “very unfortunate” and reaffirmed its support for the court. Berendsen also invited Akane to discuss the Netherlands’ continued support for the court.
Why ICC Article 12 Is at the Heart of the US Dispute Over Gaza Cases
The legal fight between Washington and the International Criminal Court centres on Article 12 of the Rome Statute, the treaty that established the ICC and sets out its powers and procedures. Under Article 12(2)(a), the ICC can exercise territorial jurisdiction when alleged crimes occur in the territory of a State Party. That rule became central to the Palestine situation. On February 5, 2021, the ICC’s Pre-Trial Chamber ruled that its territorial jurisdiction covers Gaza, the West Bank and East Jerusalem. However, the judges did not decide Palestine’s statehood under international law or settle its borders. Palestine joined the Rome Statute in 2015, and the treaty entered into force for it on April 1, 2015.
The jurisdiction dispute later became central to proceedings against Israeli leaders. The ICC rejected Israel’s challenges and issued arrest warrants for Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant. Article 27 also states that an official position does not, by itself, remove a person from the Statute’s reach. However, Article 27 does not establish jurisdiction; provisions such as Article 12 must provide that legal basis first. The court points to Palestine’s status as a State Party and the location of the alleged crimes.
Why the US Rejects ICC Authority and Has Sanctioned Its Officials
The dispute between the United States and the International Criminal Court centres on jurisdiction and national sovereignty. Washington argues that the ICC should not exercise authority over American officials when the United States has never joined the Rome Statute. The same objection has shaped its response to cases involving Israeli officials. The conflict intensified after the ICC pursued investigations and cases that the US says targeted people from countries that had not accepted the court’s jurisdiction. In response, President Donald Trump signed an executive order on February 6, 2025, authorizing sanctions against ICC officials. The order allows measures including blocking property and assets in US jurisdiction and restricting entry into the United States.
Washington has since expanded that pressure. On August 18, 2026, the US sanctioned ICC leaders Akane and Seye .The measures freeze any US assets held by the two officials and cut them off from the American financial system. The latest action shows that the US response has moved beyond objections over ICC authority and into a sustained sanctions campaign against the court and its officials.
Web Resources On Netherlands Condemns US Sanctions on ICC Officials
1. Politico.eu : Netherlands slams US sanctions on top ICC officials.
2. Dutch News.nl : Netherlands “disapproves” of new Trump ICC sanctions.
3. AcademicBlock.com : US Sanctions ICC President and Senior Lawyer in Latest Escalation.