Application of Sanctions by the United States against the Head and Senior Official of the UCM (August 2026)

The U.S. administration imposed sanctions on 18 August 2026 on International Criminal Court (ICC) President Japanese judge Tomoko Akane and Senegalese prosecutor Abdoulaye Seye, who serves on the Court’s prosecution team. The decision, announced by U.S. Secretary of State Marco Rubio, was taken under a presidential executive order authorizing sanctions against ICC officials.

The U.S. administration asserted that Akane and Seye directly participated in efforts to investigate, arrest, detain or prosecute officials of countries that do not recognize the ICC’s jurisdiction. The Washington administration also criticized the ICC for exceeding its mandate and interfering in the sovereignty of states.

Under the sanctions imposed by the United States, any assets of Akane and Seye that may be located in the U.S. are to be frozen and their access to the U.S. financial system is significantly restricted. It was noted that due to the connections of international banks with the U.S. financial system, the sanctions may also affect financial transactions outside the United States.

The U.S. Department of the Treasury also issued a general license providing a transition period to allow the wind-down of existing transactions involving Akane and Seye. Under this license, the settlement of such transactions is permitted until 17 September 2026.

Tensions between the U.S. and the ICC have prominently featured the Court’s actions against Israeli officials. On 21 November 2024, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant over alleged war crimes and crimes against humanity committed in Gaza.

It has been stated that Abdoulaye Seye, who has been placed on the sanctions list, serves as a senior prosecutor in the ICC’s prosecution team that sought the arrest warrant against Netanyahu. Seye has also been nominated as a candidate for ICC judge. The Trump administration has previously cited the arrest warrants against Netanyahu and Gallant as justification for its sanctions policy against the ICC.

The decision against Akane and Seye is part of the broader policy pursued by the Trump administration against the ICC. The United States opposes the Court’s jurisdiction over American citizens and citizens of other non-member states, as the U.S. is not a party to the Rome Statute, the ICC’s founding document.

The Trump administration has previously imposed sanctions on certain ICC prosecutors and judges. Among the justifications cited for these measures were the arrest warrants against Netanyahu and Gallant as well as the ICC’s past investigations into the activities of U.S. military personnel in Afghanistan. The U.S. administration has also urged other countries to adopt a similar stance toward the ICC and to withdraw from the institution.

The International Criminal Court condemned the U.S. sanctions against Akane and Seye. The Court argued that subjecting judicial officials who enforce legal norms to sanctions undermines the international legal order and weakens the rule of law.

ICC President Akane has previously stated that U.S. sanctions against Court officials could seriously impair the institution’s operations. In an assessment made in December 2025, Akane warned that the sanctions could disrupt the Court’s ongoing cases and investigations and threaten the very existence of the institution.

The U.S. sanctions policy against ICC officials has also caused disagreements between Washington and some European allies. The Netherlands, which hosts the ICC, announced its opposition to the latest sanctions against Akane and Seye.

Dutch Foreign Minister Tom Berendsen stated that international courts must be able to carry out their duties freely and affirmed his country’s continued support for the ICC. Berendsen also invited ICC President Akane to the Netherlands to discuss the country’s support for the Court.

The U.S. sanctions against ICC officials have also triggered legal challenges within the United States. Three ICC judges filed a lawsuit against the Trump administration in June 2026, arguing that the sanctions against them violate the law.

Several civil society organizations working with the ICC have also filed separate lawsuits, asserting that the sanctions policy violates the constitutional rights of organizations seeking justice for victims of grave crimes worldwide. In response, the Trump administration stated that pressure on the ICC could be further increased and that additional measures could be introduced to prevent the Court from pursuing cases against citizens of non-member states.