Mamdani, Netanyahu and the ICC
Paul Gigot, alongside notable Wall Street Journal columnists Kim Strassel, Kyle Peterson, and Elliot Kaufman, delves into the complex landscape of political promises and legal realities following New York City Mayor Zohran Mamdani’s controversial initial vow to arrest Israeli Prime Minister Benjamin Netanyahu. Although Mamdani later retracted his commitment, the situation underscores a broader discourse on jurisdictional limitations. Emphasizing these concerns, Secretary of State Marco Rubio remains steadfast in his mission to challenge the authority of the International Criminal Court (ICC), arguing that it poses a potential threat to U.S. sovereignty.
The Trump administration has taken a hardline stance against the ICC, placing sanctions on two of its leading officials, a move that intensifies their ongoing effort to undermine the court. These sanctions come as a response to the ICC’s investigations into alleged U.S. war crimes in Afghanistan as well as the issuance of arrest warrants for high-profile Israeli figures in relation to the Gaza conflict.
In a strong denunciation, Secretary of State Marco Rubio announced the sanctions targeting ICC President Tomoko Akane from Japan and senior trial lawyer Abdoulaye Seye of Senegal. He criticized the institution as being “corrupt and fatally politicized,” highlighting his disapproval of its operations.
Rubio’s statement further articulated the rationale behind the sanctions, accusing these individuals of actively participating in the ICC’s efforts to investigate or prosecute officials from non-consenting governments. He accused the court of “maliciously abusing its authority and exceeding its mandate,” reasserting his staunch opposition.
The sanctions have immediate and significant implications. Akane and Seye will face asset freezes within U.S. jurisdictions and will be effectively isolated from engaging in transactions with American nationals or accessing the U.S. banking system, effectively severing key financial ties.
Secretary of State Marco Rubio listens as President Donald Trump speaks during a roundtable on the American mining industry at the State Department on August 7, 2026, in Washington, D.C. (Eric Lee/Getty Images)
“Our whole of government campaign to dismantle the threat posed by the ICC to national sovereignty will be sweeping and we expect more countries to join our campaign by ending their funding and participation in this politicized and unaccountable court,” Rubio said. “The ICC’s ability to target American nationals and those of other non-States Parties must end.”
An executive order signed by President Donald Trump in February 2025 created the sanctions framework.
The Trump administration argues that the ICC lacks the power to investigate soldiers, military commanders and political leaders from countries that are not parties to the court, including the U.S. and Israel.
International Criminal Court President Tomoko Akane speaks to press after meeting with members of the European Parliament’s Human Rights Committee in Brussels, Belgium on March 19, 2025. (Dursun Aydemir/Anadolu via Getty Images)
The ICC said the Trump administration’s latest sanctions “undermine the rule of law,” adding that they amount to “a flagrant attack against the independence of an impartial judicial institution.”
The ICC maintains that it can exercise jurisdiction over nationals of non-member states when they are accused of qualifying crimes committed on the territory of a state that has accepted the Court’s jurisdiction.
Qualifying crimes under the Rome Statute include genocide, crimes against humanity, war crimes and the crime of aggression.
Israeli Prime Minister Benjamin Netanyahu gives a news conference in Jerusalem on June 15, 2026. (RONEN ZVULUN / POOL / AFP via Getty Images)
Afghanistan and Palestine are both members of the court, which the ICC says allows it to investigate alleged crimes committed on their territories, including alleged war crimes by U.S. personnel in Afghanistan and alleged war crimes and crimes against humanity by Israeli officials in Gaza.
In September 2024, the ICC also issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Yoav Gallant, the minister of defense at the time.