Trump's Attempt to Violate International Law is Failing.

For nearly a year, President Donald Trump has mounted an extraordinary effort to undermine the International Criminal Court (ICC) and halt its investigation into the war in Gaza. Developments this week, however, indicate he is still far from achieving that goal. At the ICCs annual gathering in The Hague the first since U.S. sanctions upended the lives of court staff and partners representatives of the courts 125 member states reaffirmed their refusal to yield to Washingtons pressure. Many emphasized that the ICC will continue its work, including its pursuit of Israeli officials involved in the conflict.

The ICCs arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant, issued in late 2024 for alleged war crimes and crimes against humanity in Gaza, remain active. Israel argues that alleged misconduct by the ICC prosecutor invalidates the warrants, but the court has given no indication it agrees. Meanwhile, Germany reinforced member-state support by transferring a Libyan suspect detained earlier this year.

Observers describe an atmosphere of cooperation among ICC members. Rights advocates say many governments appear determined to project unity and strengthen the courts legitimacy in the face of unprecedented U.S. pressure. Trump, who initially targeted ICC officials over investigations into U.S. actions in Afghanistan, has escalated his efforts during his second term, leveraging American financial influence and threats of broader repercussions to obstruct the courts operations.

The ICC finds itself navigating a paradox: its inquiries into potential atrocities in Gaza have drawn intense retaliation while simultaneously underscoring its relevance. Some court supporters fear Trump may move to sanction the ICC as an institution, effectively attempting to dismantle it. Even so, this years assembly signaled growing resolve among nations to defend the court and preserve international accountability mechanisms.

European officials have floated legal measures to shield the court and its personnel from U.S. sanctions. Many member states reiterated the ICCs unique role as a tribunal of last resort capable of prosecuting war crimes that otherwise would go unaddressed. Advocates argue that an independent court is essential to global stability and that non-member states like the U.S. and Israel cannot be allowed to dictate its fate.

Despite the solidarity, concerns remain high. The Trump administration has already sanctioned ICC prosecutors, judges, Palestinian human rights groups, and UN officials, causing widespread disruptions to personal lives, finances, and professional activities. Private companies, wary of U.S. penalties, have severed ties with sanctioned individuals, intensifying the chilling effect on those documenting alleged crimes.

Washingtons immediate objective is to see the warrants for Netanyahu and Gallant withdrawn an outcome observers consider improbable. Although the ICC prosecutor faces scrutiny and an ongoing UN review, multiple judges and experts have backed the investigative work underlying the warrants. The court has already rejected Israels petitions to dismiss them.

Broader challenges persist. The Trump administration views many international legal standards governing warfare and civilian protection as infringements on national sovereignty. The president, convicted of felonies, has consistently promoted policies that weaken accountability both domestically and internationally. He now supports Netanyahus efforts to obtain a pardon in his corruption cases, further reinforcing concerns about eroding norms.

The ICCs vulnerability is unprecedented in its 22-year history. Its work on Israel and Palestine has faced resistance since Palestine joined the court in 2015. After the October 2023 Hamas attack, the ICC prosecutor expanded his focus on the renewed conflict, even as threats intensified and the U.S. encouraged delays in investigating Israeli actions. In November 2024, ICC judges concluded there were reasonable grounds to believe Netanyahu and Gallant committed serious crimes in Gaza. Warrants for Hamas leaders were also issued but later withdrawn after their deaths.

Following the warrants, the Biden administration condemned the courts actions, while Trump has continued restricting ICC involvement in Gaza. His additional sanctions have affected everything from bank access to travel, and have pushed some individuals connected to the court to abandon war-crimes documentation efforts out of fear.

ICC supporters insist that member states must strengthen legal obligations to enforce arrest warrants and oppose selective support for ICC actions. Many highlight the contrast between Western backing for the warrant issued against Russian President Vladimir Putin and resistance to actions involving Israel, warning that double standards could embolden future perpetrators and undermine international law.

The court, however, continues to demonstrate its capacity to prosecute high-level figures, including securing the arrest of former Philippine President Rodrigo Duterte this year and issuing warrants for senior Taliban officials. Advocates stress that the ICCs broader contributions to victims and communities should not be overshadowed by debates over sanctions.

While political battles play out, the suffering in Gaza endures. ICC judges noted that Israels restrictions on food, water, and medical supplies alongside reports of civilian-targeted attacks could amount to war crimes, including the use of starvation as a weapon. Despite a recent ceasefire, Israeli strikes have continued, and humanitarian conditions remain dire. Aid flows are still heavily constrained, with shipments rejected over alleged dual-use materials and vital crossings left unopened.

On the ground, humanitarian organizations report immense obstacles: widespread destruction, lack of essential infrastructure, persistent insecurity, and growing skepticism among residents. The U.S., seeking to shape post-conflict governance through a proposed transitional administration and a military-run coordination center, has been criticized for limited understanding of Gazas realities and ineffective aid mechanisms.

Humanitarian experts argue that without genuine accountability for Israeli violations of international law, no amount of new frameworks or oversight bodies will improve conditions. Israel has further undermined aid efforts by banning engagement with UNRWA and requiring NGOs to undergo new registration processes widely viewed as politically motivated and risky.

As winter approaches, the humanitarian crisis deepens. Aid remains insufficient, infrastructure remains shattered, and millions face worsening conditions all while international debates over the ICCs future and the wars legality intensify.

Author: Maya Henderson