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Six Months Until US Sanctions Fully Hit ICC, Deputy Prosecutor Says

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Six months remain before new US sanctions against the International Criminal Court take full legal effect, the court's deputy prosecutor said, even as she acknowledged that some staff are already running into banking problems tied to the measures, according to The Guardian.

What did the ICC deputy prosecutor say about the sanctions?

Nazhat Shameem Khan, the Fijian jurist who is co-running the Office of the Prosecutor pending appointment of a new chief prosecutor, told the Guardian in an interview that the court has made "significant progress" on its casework despite the measures. "We haven't made any decision based on the sanctions to reduce our capability," she said. She added that some staff are nonetheless "experiencing difficulties in banking," even though the sanctions themselves target the institution rather than individuals. "These are sanctions imposed on the institutions and, in principle, our individual members should not be impacted directly," she said.

When do the US sanctions take effect?

US Secretary of State Marco Rubio announced the sanctions on October 9, 2026, accusing the court of being a "rogue court" and saying, "Either the ICC will end its threats, or we will end the ICC," the Guardian reported. Khan said the sanctions are not due to take full effect until six months from that announcement date, meaning the measures would be fully in force by early April 2027.

Why are banks already restricting ICC staff accounts?

Khan attributed the early banking problems to financial institutions "over-complying" with the sanctions regime while the ultimate scope of the measures remains uncertain. Banks appear to be curbing transactions involving ICC personnel as a precaution against future liability, she said, rather than in direct response to any sanctions currently in force.

What is the status of the Gaza war crimes investigation?

Khan said the Gaza investigation and other cases have advanced since the court issued war crimes arrest warrants in November 2024 for Israeli Prime Minister Benjamin Netanyahu and his former defense minister, Yoav Galant. She said further applications from the Office of the Prosecutor are being withheld from public disclosure under a court order, without specifying their subject or timing.

How is the court responding to pressure from Washington?

According to the Guardian, the court is working to insulate its operations from sanctions imposed by what the article describes as "a hostile administration in Washington." The report did not detail the specific insulating measures the court is pursuing. Khan's comments suggest the court intends to continue its current docket, including the Gaza-related proceedings, while it manages the practical fallout of sanctions on individual staff members' banking access.

Timeline

  • November 2024: ICC issues war crimes arrest warrants for Netanyahu and Galant.
  • October 9, 2026: Rubio announces US sanctions on the ICC, calling it a "rogue court."
  • Ongoing: Some ICC staff report banking difficulties as institutions "over-comply" ahead of the sanctions' formal effective date.
  • Roughly April 2027: Sanctions are set to take full effect, six months after the October announcement.

The Guardian's report did not include comment from the US State Department beyond Rubio's original announcement, and the ICC has not released further detail on which staff members have been affected or how many.

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Questions

When do the US sanctions on the ICC take effect?

The sanctions were announced October 9, 2026, by Secretary of State Marco Rubio and are due to take full effect six months later, according to ICC deputy prosecutor Nazhat Shameem Khan.

Has the ICC Gaza investigation stalled because of sanctions?

No. Deputy prosecutor Nazhat Shameem Khan told the Guardian the Gaza investigation has made 'significant progress' and additional applications remain under court-ordered confidentiality.

Why are ICC staff having banking problems before sanctions take effect?

Khan said banks are 'over-complying' with the sanctions while uncertain about their final scope, causing account problems for some staff even though the measures target the institution, not individuals.

Sources

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