Message to the Congress on Imposing Sanctions on the International Criminal Court

To the Congress of the United States:

Pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), section 212 (f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182 (f)), and section 301 of title 3, United States Code, I hereby report that I have exercised my authority to declare a national emergency in order to halt efforts by the International Criminal Court (ICC) to investigate, arrest, detain, or prosecute persons in America and our close ally Israel through blatant lawfare. I am enclosing a copy of the Executive Order I have issued.

The ICC has, without basis, asserted jurisdiction over and opened investigations into personnel of the United States and certain of its allies, including Israel, and has further abused its power by issuing baseless arrest warrants targeting Israeli Prime Minister Benjamin Netanyahu and Former Minister of Defense Yoav Gallant. The ICC has no jurisdiction over the United States or Israel, as neither country is party to the Rome Statute or a member of the ICC. Neither country has ever recognized the ICC's jurisdiction, and both nations are thriving democracies with militaries that strictly adhere to the laws of war. The ICC's recent actions against Israel and the United States set a dangerous precedent, directly endangering current and former United States personnel, including active service members of the Armed Forces, by exposing them to harassment, abuse, and possible arrest. This malign conduct in turn threatens to infringe upon the sovereignty of the United States and undermines the critical national security and foreign policy work of the United States Government and our allies, including Israel.

Pursuant to the national emergency that I have declared, the United States will impose tangible and significant consequences on those responsible for the ICC's transgressions, including by blocking property and assets, and suspending entry into the United States of ICC officials, employees, and agents, as well as their immediate family members. I have directed the Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General, to identify and sanction any foreign person found to have, among other things, directly assisted in any ICC efforts to investigate, arrest, detain, or prosecute a protected person without consent of that person's country of nationality.

I have further determined that the unrestricted immigrant and nonimmigrant entry into the United States of any covered alien found to have participated in any ICC efforts to investigate, arrest, detain, or prosecute a protected person, as well as immediate family members of such aliens, or aliens determined by the Secretary of State to be employed by, or acting as an agent of, the ICC, would be detrimental to the interests of the United States, as immigrants or nonimmigrants, and therefore have suspended such immigration except where the Secretary of State determines that the entry of the person into the United States would not be contrary to the interests of the United States.

In addition, I have determined that donations of articles specified in section 203(b)(2) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person whose assets are blocked, would impair my ability to address the national emergency I declared. I have therefore prohibited such donations.

DONALD J. TRUMP

The White House,

March 5, 2025.