Summary and FAQs: Sanctions on the International Criminal Court

Background

The International Criminal Court (ICC) is an international court established under the Rome Statute to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression. On February 6, 2025, President Trump issued Executive Order 14203, establishing a framework for sanctions related to the ICC.

On October 9, 2026, the U.S. government imposed sanctions on the ICC as an institution and added it to the Treasury Department's Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons List. This action expanded restrictions beyond earlier sanctions on individual officials and other designated persons to the Court as an institution. Although courts have blocked enforcement of the sanctions for plaintiffs in specific cases on the grounds of free speech, those rulings have not overturned these sanctions as a whole. Broader legal challenges remain ongoing.

Issue

The sanction designation generally prohibits U.S. persons, including U.S. foundations and nonprofits, from transacting with the ICC unless an applicable exception or OFAC authorization permits the activity. Restrictions cover all transactions with the ICC, including financial contributions, goods, and services provided directly or indirectly to or for the Court's benefit. ICC property within U.S. jurisdiction or the possession or control of U.S. persons is generally blocked, meaning it cannot be transferred or otherwise dealt in without authorization. Further, U.S. persons cannot help facilitate any transactions with or support for the ICC that it could not execute directly due to sanctions.

 OFAC issued four general licenses authorizing specified activities involving the ICC. These licenses provide limited permissions; they do not remove the designation or provide blanket authorization for charitable giving and support. For a detailed legal analysis, read this memo, developed for Council members by Lowenstein Sandler LLP. 

Impact on Philanthropy

These sanctions are particularly relevant to foundations and nonprofits whose grants, partnerships, or services directly or indirectly involve the ICC. Funders supporting international justice, human rights, or assistance to victims may need to examine whether these activities involve or benefit the Court or other sanctioned parties. Funding work in these fields does not, by itself, make a grant prohibited.

The practical implications depend on the parties involved, how grant funds and services will be used, and whether an OFAC authorization applies. Funders should review pending payments, grant terms, and any onward funding or services involving the ICC with their legal counsel. Funders should also review any active grants or relationships that could include support for the ICC through intermediary organizations or governments, which the sanctions generally prohibit.

Frequently Asked Questions (FAQs)

How is the ICC funded?
The ICC is funded primarily through contributions from countries that are parties to the Rome Statute, known as States Parties. Its budget is approved by the Assembly of States Parties. The Court can also receive voluntary contributions from governments, international organizations, individuals, and other entities. Aside from States Parties, we are not aware of a comprehensive public list of current ICC funders.

Note: The ICC has not been designated under the International Organizations Immunities Act, either by state or executive order. It therefore cannot be treated as a public charity on that basis for purposes of private foundation grantmaking, unlike other designated international organizations receiving grants for exclusive charitable purposes. 

Can we fund an organization or government that also supports the ICC?
If you plan to fund a government entity directly, you likely want to review the States Parties list to understand if that government also funds the ICC. If it or another grantee does fund the ICC, a grant is not automatically prohibited because the recipient separately supports the ICC. What matters is whether the grant would provide funding, goods, or services to or for the benefit of the ICC. Funders should review grants with these possible connections with legal counsel.

Should we update our grant agreements?
Funders should review their grant agreements with legal counsel, particularly where a grant has potential direct or indirect connection to the ICC. Agreements should make clear that grant funds cannot be used for activities prohibited by the sanctions. Counsel can help determine whether to add or update language, including whether to specifically reference the ICC and related sanctions.

Do the sanctions affect grants we previously made to the ICC?
This sanction is forward looking and does not make a previously completed, lawful grant unlawful. However, funders should review any remaining payments, unused grant funds, or ongoing services related to active grants to determine whether further activity is permitted.

Can we make payments under a grant agreement signed before October 9?
Having a signed agreement before October 9 does not automatically allow payments to continue. Payments made after the designation must comply with the sanctions. General License 13 allows certain transactions needed to maintain or wind down operations or agreements involving the ICC through 12:01 a.m. Eastern Daylight Time on April 7, 2027. Funders should consult legal counsel to determine whether a particular payment is covered.

Is charitable or humanitarian support exempt?
There is no blanket exemption for charitable or humanitarian support. EO 14203 removed the usual exemption for donations of goods such as food, clothing, and medicine to or for the benefit of sanctioned parties.