Statement of the Board of Directors

of the American Branch of the International Law Association

Regarding the United States Sanctions on the International Criminal Court

October 23, 2026

Whereas, for eighty years, the United States has been committed to pursuing international justice for victims of atrocities across the globe by playing a leading role in establishing the Nuremberg Tribunal in 1946, the International Criminal Tribunal for the former Yugoslavia in 1993, the International Criminal Tribunal for Rwanda in 1994, the Special Court for Sierra Leone in 2002, the Extraordinary Chambers in the Courts of Cambodia in 2004, the Special Tribunal for Lebanon in 2008, and other international accountability mechanisms.

Whereas, although the United States has refrained from ratifying the Rome Treaty, it nevertheless played a major part in negotiating the International Criminal Court (ICC) Statute and has subsequently recognized the legitimacy of the ICC by allowing the UN Security Council in 2005 to refer the situation in Darfur to the ICC, by voting in the UN Security Council in 2011 to refer the situation of Libya to the ICC, and through the unanimous adoption of a U.S. Senate resolution in 2022 supporting the ICC’s arrest warrants against Russian officials accused of war crimes in Ukraine.

Whereas, on October 9, 2026, the Trump Administration announced the imposition of sweeping sanctions on the ICC through an Executive Order in an effort to destroy an institution dedicated to international justice that is supported by 125 other States, including every NATO member State but Türkiye and most of America’s allies.

Whereas, the Trump Administration justified its action as a means of protecting Americans from the ICC despite the fact that since its establishment 25 years ago the ICC has never brought charges against any U.S. national and could only do so for the gravest atrocity crimes committed in the territory of a State Party where the United States fails to pursue justice against the perpetrator.

Whereas, it is uncontested that all States are empowered to prosecute foreign nationals, without the consent of the accused’s State of nationality, for crimes committed on their territory, and it is well settled that States have the sovereign right to confer prosecutorial powers over international crimes committed on their territory to an international tribunal.

Whereas, on October 22, 2026, the European Parliament announced the award of its prestigious Sakharov Prize to the ICC and its officials in recognition of the Court’s work in upholding international law and justice, an important predicate to practical efforts to counteract the harmful effects of US sanctions. 

Whereas, the American Branch of the International Law Association (ABILA) is dedicated to the study, clarification, and development of International Law and the advancement of peace, human rights, and justice worldwide, and from time to time, the ABILA Board of Directors issues Statements on important matters of international concern that are related to the ABILA’s mandate.

Now be it therefore resolved by the ABILA Board of Directors:

1. The ABILA joins our sister international professional associations, including the American Society of International Law and the International Bar Association, as well as the many States across the globe, in opposing the Trump Administration’s sanctions against the ICC and calling for their immediate rescission.

2. The ABILA will do its utmost to educate Americans (including members of the Administration, Congress, and the Bar) about the importance of U.S. support for the ICC and other international justice mechanisms.

Adopted at its regular meeting on October 23, 2026, by a vote of 29 in favor, 1 opposed.