The United States has taken a dramatic step in its long-running opposition to the International Criminal Court (ICC), formally designating the institution itself as a target under its sanctions regime. Announced on 9 October 2026 by the Trump administration, the move adds the ICC to the US Treasury’s Specially Designated Nationals and Blocked Persons (SDN) List, subjecting it to asset-blocking measures and transaction restrictions. This represents a significant escalation from previous sanctions that targeted individual judges and prosecutors, including President Tomoko Akane.
The designation creates legal and commercial uncertainty for the Court’s operations, potentially disrupting access to financial institutions, commercial services, and technological infrastructure. However, the Treasury’s Office of Foreign Assets Control (OFAC) issued four general licenses to mitigate immediate operational disruptions. These include temporary authorisations for maintaining or winding down the Court’s operations (General License 13), telecommunications and cloud services (General License 14), pension payments (General License 15), and detainee welfare (General License 16). While these exceptions provide critical safeguards, they do not reverse the institutional designation, leaving the Court’s long-term functionality dependent on US discretion.
The timing of the announcement—just hours after former ICC judge Navi Pillay won the Nobel Peace Prize—highlights the administration’s growing hostility toward the Court. Professor Brianne McGonigle Leyh of Utrecht University’s School of Law describes this shift as a move from ‘engaged exceptionalism’ to a more ‘coercive and destructive’ form of exceptionalism. The US has historically supported selective aspects of international criminal justice while resisting ICC jurisdiction over its nationals. The new sanctions mark a departure from this selective engagement, targeting the Court’s institutional capacity.
The designation follows weeks of speculation during the UN General Assembly, where reports suggested the US was preparing to sanction the ICC as an institution. Unlike previous measures, this move directly threatens the Court’s operational independence, raising concerns about its ability to function without US approval. The sanctions come as the ICC faces mounting challenges, including financial constraints and diplomatic pressure from key allies.