ICC Remains Operational Despite New US Sanctions

Published: October 24, 2026, 12:31 pm

The deputy prosecutor of the International Criminal Court (ICC), Nazhat Shameem Khan, has asserted that the institution is continuing its work without interruption, despite the recent imposition of sanctions by the United States. While acknowledging that the measures are beginning to impact staff, Khan emphasized that the court’s core operations, including ongoing investigations, have not been hindered.

US Secretary of State Marco Rubio announced the new sanctions earlier this month, labeling the ICC a “rogue court” and threatening its existence. Although the sanctions are not set to take full effect until six months after the October 9 announcement, Khan noted that some ICC staff members are already facing banking difficulties. She attributed these challenges to financial institutions “over complying” with the measures to mitigate potential risks amid uncertainty regarding their final scope. She clarified that while the sanctions target the institution, individual members should not be directly impacted in principle.

Despite these pressures, the court is taking steps to insulate itself from the hostile environment in Washington. This includes transitioning software from Microsoft to European alternatives and negotiating new arrangements with service providers for banking and health insurance. Khan confirmed that the court has not reduced its output or capabilities in response to the political climate.

The court continues to make “significant progress” on its investigations, including the inquiry into the Gaza war. Arrest warrants were issued in November 2024 for Benjamin Netanyahu and former Israeli defense minister Yoaf Galant, and Khan indicated that further applications remain under seal by court order. Addressing the public perception that activity has stalled, she stated that the court is bound by a ruling to keep charges and warrant applications secret until judges decide they can be made public. She also countered claims that the ICC intends to prosecute American citizens, noting that current investigations, such as those regarding Afghanistan, focus on offenses committed by the Taliban and Islamic State Khorasan.

The ICC has faced other disruptions, including the removal of former chief prosecutor Karim Khan in July following allegations of sexual harassment, which he has denied. However, the current leadership remains focused on its mandate. Nazhat Shameem Khan, who previously faced US sanctions in February 2025, expressed that while the lack of access to credit cards is an inconvenience, it is minor compared to the needs of the victims the court serves. The court has received vocal support from the international community, including the European Parliament’s recent awarding of the Sakharov prize, which Khan described as a vital message of solidarity for the court’s staff.

“Life without a credit card is inconvenient. It’s amazing how many things now we cannot do around the world, particularly in relation to travel, without a credit card,” she said, but added that her inconvenience is put into perspective when she visits refugee camps or sites of mass atrocities.

Photo: Collected