U.S. Sanctions Palestinian NGOs for Invoking ICC Against Israel

The U.S. announced sanctions Thursday against three Palestinian non-governmental organizations (NGOs) for attempting to use the International Criminal Court (ICC) against Israel, in violation of U.S. law.

Secretary of State Marco Rubio said in a statement (original emphasis):

Today, I am designating three foreign NGOs—Al Haq, Al Mezan Center for Human Rights (Al Mezan), and the Palestinian Centre for Human Rights (PCHR)—pursuant to Executive Order 14203, “Imposing Sanctions on the International Criminal Court.” These entities have directly engaged in efforts by the International Criminal Court (ICC) to investigate, arrest, detain, or prosecute Israeli nationals, without Israel’s consent.

This administration has been clear: the United States and Israel are not party to the Rome Statute and are therefore not subject to the ICC’s authority. We oppose the ICC’s politicized agenda, overreach, and disregard for the sovereignty of the United States and that of our allies. The ongoing actions of the ICC set a dangerous precedent for all nations and we will actively oppose actions that threaten our national interests and infringe on the sovereignty of the United States and our allies, including Israel.

The United States will continue to respond with significant and tangible consequences to protect our troops, our sovereignty, and our allies from the ICC’s disregard for sovereignty, and to punish entities that are complicit in its overreach.

All targets are being designated pursuant to Section 1(a)(ii)(A) of Executive Order (E.O.) 14203.

The U.S. regards attempts by the ICC to prosecute Americans as a threat to American sovereignty, which is why President Donald Trump sanctioned the ICC in his first term. President Joe Biden removed the sanctions but reiterated Trump’s policy, which represents the long-standing American position that countries that are not party to the Rome Statute establishing the ICC’s authority are also not subject to its jurisdiction.
Biden’s removal of sanctions led directly to the ICC’s prosecution of Israeli leaders for the crime of defending their country against terror — while the ICC’s chief prosecutor was under suspicion of secual misconduct.

Israeli Prime Minister Benjamin Netanyahu laid out the case against the ICC in a video released Thursday:

Israel is also not a party to the Rome Statute. Hence efforts by the ICC to target Israel are also viewed by the U.S. as a threat to American sovereignty, since they erode the independence of non-signatories to the Statute.

Under U.S. policy and law, the Palestinians are also barred from taking action against Israel in international institutions, because Israel and the Palestinians are meant to negotiate with each other directly for peace.