The United States recently imposed sanctions on International Criminal Court (ICC) President Tomoko Akane and senior trial lawyer Abdoulaye Seye, in a blatant stand-off with the Hague-based court. Secretary of State Marco Rubio accused the ICC of exceeding its jurisdiction by investigating officials from the U.S. and “Israel.”

The immediate trigger was the ICC's investigation into war crimes committed in Gaza. In response, U.S. retaliated to sanction ICC officials, freezing any assets held under U.S. jurisdiction and restricting their access to the American financial system. The United States maintains that the court has overstepped its legal authority, while the ICC argues that the U.S. is attempting to undermine the court’s independence and its ability to investigate war crimes.

The U.S. essentially wants to disable the ICC, arguing that the court threatens U.S. sovereignty, mainly in reaction to the ICC’s investigations of the Zionist entity’s genocide in Gaza, including arrest warrants for “Israeli” Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant over their war crimes. This latest round of sanctions follows earlier action against ICC prosecutor Karim Khan, extending a pattern of U.S. measure targeting the quotes leadership.

The ICC is also investigating “Israeli” involvement in illegal West Bank settlements and settler violence, potentially putting additional “Israeli” officials at risk of arrest warrants.  Neither the U.S. nor the Zionist entity recognizes ICC jurisdiction, and the U.S. has sanctioned at least eleven ICC officials, including investigations involving U.S. military actions in Afghanistan. Meanwhile, four human rights organizations have sued the Trump administration, arguing that the sanctions undermine victims’ ability to pursue justice for alleged war crimes.

The Trump administration is attempting to undermine the court’s ability to function, particularly when its investigations could expose U.S. or “Israeli” officials to prosecution. This exposes the reality that has long been suspected: that the ICC never truly operated independently of the world's most powerful states and its authority has functioned largely at their discretion. This case demonstrates clearly that colonial powers effectively decide when international law applies to them and when it does not.

In conclusion, a familiar pattern is reinforced where colonial powers with substantial geopolitical influence are frequently able to shield themselves and their allies from international accountability, even when credible allegations of serious crimes exist. Neither the ICC, nor the U.S., nor any Western nation or institution has or is capable of providing justice to humanity. Lasting justice will not come from existing international institution. The only entity capable of bringing about the justice that Islam has prescribed, with a permanent solution, is a Khilafah on the footsteps of Prophethood that will deliver justice befitting the crimes that have been committed, and pursuing nothing short of the complete liberation of Gaza and the entirety of Palestine.

۞ يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ كُونُوا۟ قَوَّٰمِينَ بِٱلْقِسْطِ شُهَدَآءَ لِلَّهِ وَلَوْ عَلَىٰٓ أَنفُسِكُمْ أَوِ ٱلْوَٰلِدَيْنِ وَٱلْأَقْرَبِينَ ۚ إِن يَكُنْ غَنِيًّا أَوْ فَقِيرًۭا فَٱللَّهُ أَوْلَىٰ بِهِمَا ۖ فَلَا تَتَّبِعُوا۟ ٱلْهَوَىٰٓ أَن تَعْدِلُوا۟ ۚ وَإِن تَلْوُۥٓا۟ أَوْ تُعْرِضُوا۟ فَإِنَّ ٱللَّهَ كَانَ بِمَا تَعْمَلُونَ خَبِيرًۭا

O believers! Stand firm for justice as witnesses for Allah even if it is against yourselves, your parents, or close relatives. Be they rich or poor, Allah is best to ensure their interests. So do not let your desires cause you to deviate ˹from justice˺. If you distort the testimony or refuse to give it, then ˹know that˺ Allah is certainly All-Aware of what you do. [TMQ An-Nisa:135]

Written for the Central Media Office of Hizb ut Tahrir by

Haitham Ibn Thbait

Media Representative of Hizb ut Tahrir in America