U.S. sanctions ICC chief Tomoko Akane of Japan
The United States designated International Criminal Court (ICC) President Tomoko Akane of Japan and ICC Senior Trial Lawyer Abdoulaye Seye of Senegal for sanctions
The US Secretary of State stated that the individuals had "directly engaged in efforts by the ICC to investigate, arrest, detain, or prosecute officials whose government has not consented to ICC jurisdiction"
The sanctions bring the total number of ICC-linked individuals targeted by the US to 14 since the current round of measures began
The ICC stated that sanctioning judicial actors "undermine[s] the rule of law" and places the international legal order "at risk"; Japan's foreign ministry, which has "consistently supported the ICC," called the move "very unfortunate"
Human rights organisations have filed a lawsuit challenging the executive order underpinning these sanctions
Executive Order 14203 and the Legal Basis for US Sanctions on the ICC
Executive Order 14203, "Imposing Sanctions on the International Criminal Court," was signed by the US President on 6 February 2025. It authorises asset freezes and US entry bans on foreign nationals who assist ICC investigations, arrests, detentions, or prosecutions of US or allied (e.g., Israeli) nationals without the consent of their government. This is the second time a US administration has used this tool against ICC officials — the first was in 2020, when the ICC's then Chief Prosecutor Fatou Bensouda and an associate were sanctioned over the ICC's investigation into alleged US war crimes in Afghanistan.
Key Details
- Executive Order 14203 signed: 6 February 2025
- 2020 precedent: sanctions on Chief Prosecutor Fatou Bensouda for the Afghanistan investigation, later revoked by the Biden administration in 2021
- The August 2026 sanctions on ICC President Tomoko Akane and Senior Trial Lawyer Abdoulaye Seye bring the cumulative total of sanctioned ICC-linked individuals to 14
- Rights groups have challenged the order in US courts, arguing it obstructs judicial independence and due process
The Akane and Seye sanctions are the latest application of Executive Order 14203, extending the sanctions list from individual prosecutors to the ICC's presiding judge for the first time.
The International Criminal Court and the Rome Statute
The ICC is a permanent international tribunal established by the Rome Statute (adopted 17 July 1998, entered into force 1 July 2002) to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression, functioning as a "court of last resort" that acts only when national jurisdictions are unwilling or unable to prosecute. The ICC is a treaty-based body, distinct from the International Court of Justice (ICJ), which is a UN organ that settles disputes between states rather than prosecuting individuals.
Key Details
- Rome Statute adopted: 17 July 1998, in Rome; entered into force: 1 July 2002, after 60 ratifications (Statute Article 126)
- Seat: The Hague, Netherlands
- 125 states are parties to the Rome Statute; the United States, Israel, India, China and Russia are not parties
- India abstained on the 1998 Rome Statute vote, objecting to the UN Security Council's power to refer and defer cases and to the Statute's treatment of nuclear weapons use
- Jurisdiction can be triggered by state referral, UNSC referral, or the Prosecutor's own initiative (proprio motu) for crimes on the territory of, or by nationals of, a state party
Because neither the US nor Israel is a party to the Rome Statute, the sanctioned officials' actions relate to ICC investigations — including into the Palestine situation and Israeli and US-linked conduct — that Washington regards as an assertion of jurisdiction over non-consenting states.
ICC vs ICJ — A Frequently Confused Distinction
UPSC frequently tests the distinction between the ICC and the ICJ, both seated at The Hague but functionally and institutionally separate.
Key Details
- ICC: tries individuals for international crimes (genocide, war crimes, crimes against humanity, aggression); established by the Rome Statute (1998/2002); not a UN organ
- ICJ: settles legal disputes between states and gives advisory opinions to UN organs; established by the UN Charter (1945) as the principal judicial organ of the UN
- Neither the ICC nor the ICJ has an independent enforcement mechanism — both rely on state cooperation or UN Security Council action for enforcement
- India recognises the compulsory jurisdiction of the ICJ (with reservations) but has never joined the ICC
Sanctions were imposed on ICC officials, not ICJ judges — a distinction relevant given that both the ICJ (July 2024 advisory opinion on the Occupied Palestinian Territory) and the ICC (arrest warrant proceedings) have separately addressed matters involving Israel.
- ICC President sanctioned: Tomoko Akane (Japan); also sanctioned: Senior Trial Lawyer Abdoulaye Seye (Senegal)
- Cumulative ICC-linked individuals sanctioned by the US since the current campaign began: 14
- Executive Order 14203 signed: 6 February 2025
- Rome Statute: adopted 1998, entered into force 2002, 125 states parties
- Prior precedent: 2020 sanctions on Chief Prosecutor Fatou Bensouda (Afghanistan investigation), revoked 2021
- At least five countries (including Hungary, which voted to withdraw in May 2025) have moved to leave the ICC amid the pressure campaign