The International Criminal Court (ICC) has taken significant measures to shield itself from potential sanctions by the United States, its deputy prosecutor Nazhat Shameem Khan said, amid escalating tensions between the tribunal and the US administration.
Speaking from the ICC’s headquarters in The Hague, Khan emphasized the court’s commitment to its work despite external pressures. “The law must prevail over power,” she said, stressing the importance of resilience and dedication in upholding the court’s mandate. Khan, who shares leadership of the prosecutor’s office following the departure of former chief prosecutor Karim Khan, revealed that the ICC has proactively “buffered” itself against possible restrictions as reports surfaced about the US preparing sanctions targeting the entire court.
Khan, who was among ICC officials sanctioned last year by Washington, explained that the court has been adapting its infrastructure and operations to reduce vulnerability to sanctions. These adjustments include transitioning from US-based technology platforms such as Microsoft to alternatives like Germany’s openDesk, as well as developing workarounds for banking and health insurance arrangements. To safeguard payroll continuity, the court has also pre-paid several months of salaries to employees.
US financial sanctions typically prohibit entities under sanction from accessing the US dollar financial system and can extend further through secondary sanctions imposed on third parties that transact with the targeted entity. This mechanism can discourage foreign banks and companies from providing services to the ICC for fear of repercussions. ICC officials reportedly relied heavily on US technology, with over 90 percent of operations dependent on such technologies as recently as last year, a reliance the court has sought to reduce.
While Khan stated that protective measures remain a “work in progress,” she expressed confidence that significant progress has been made to minimize the impact of any sanctions that might be imposed. The court has not received formal notification of new sanctions despite persistent rumors.
The intensification of US hostility toward the ICC followed remarks by then-President Donald Trump at the recent United Nations General Assembly, where he branded the ICC “out of control” and called on member states to withdraw from the institution. The US has already sanctioned 13 ICC personnel, including some judges, leading to practical difficulties such as restrictions on obtaining US credit cards, mobile phones, and courier services, as well as challenges with hotel reservations.
Trump’s increased attacks coincided with the ICC’s 2024 issuance of arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant for alleged war crimes in Gaza. Both the US and Israel are not parties to the ICC, but the court’s jurisdiction is based on Palestine’s membership and the location of the alleged offenses.
Khan described the criticism and sanctions as “regrettable” but reaffirmed the court’s focus on maintaining its independence and legal responsibilities despite the pressure from Washington.