US sanctions two ICC judges for rejecting Israel’s appeal against Gaza investigation

The United States has intensified its confrontation with the International Criminal Court by imposing sanctions on two additional judges involved in the Gaza war crimes investigation. Judges Gocha Lordkipanidze of Georgia and Erdenebalsuren Damdin of Mongolia, both members of the ICC’s appeals chamber, were targeted following their recent decision to reject Israel’s appeal against the investigation into alleged crimes in Gaza post-October 2023.

This development marks a significant escalation in the ongoing standoff between the Trump administration and the international judicial body. The sanctioned judges were part of the majority that dismissed Israel’s arguments challenging the validity of the investigation that previously resulted in arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant in November 2024.

US Secretary of State Marco Rubio issued a statement condemning what he characterized as “politicized actions targeting Israel” that “set a dangerous precedent for all nations.” The statement emphasized Washington’s rejection of the court’s jurisdiction over US and Israeli nationals and promised “significant and tangible consequences” for what it termed ICC “lawfare and overreach.”

The sanctions have created substantial practical difficulties for affected officials, including frozen assets, travel bans, and exclusion from global financial systems. Peruvian judge Luz del Carmen Ibanez Carranza, previously sanctioned for her role in the Afghanistan investigation, revealed the personal impact including inability to use credit cards, banking systems utilizing US dollars, or money transfer services like Western Union.

Despite these measures, ICC officials remain resolute. Judge Carranza stated that the sanctions have actually strengthened judicial solidarity, noting that “we are more united than ever” in maintaining their independence and continuing their duties.

The legal foundation of the investigation traces back to Palestine’s 2018 referral, with the ICC initiating formal proceedings in 2021. Since November 2023, seven additional nations—South Africa, Bangladesh, Comoros, Bolivia, Djibouti, Chile, and Mexico—have filed separate referrals supporting the investigation.

Israel’s appeal centered on procedural arguments, claiming the prosecutor should have issued fresh notifications after the new referrals pursuant to Article 18(1) of the Rome Statute. The appeals chamber unanimously determined that the original 2021 notification adequately covered subsequent developments, including post-October 2023 events, making additional notifications unnecessary.

The ICC has implemented confidential countermeasures to protect its operations from sanction impacts, though specific details remain undisclosed to preserve their effectiveness. With these latest sanctions, all but one member of the appeals chamber (Judge Tomoko Akane of Japan) now face US restrictions, creating unprecedented challenges for international justice mechanisms.