US president Donald Trump has said he will sanction the International Criminal Court in The Hague over its investigation into Gaza.

He announced the move during a visit by Israeli prime minister, Benjamin Netanyahu – who is wanted for war crimes by the court – and said the court’s investigation into the US ally was “baseless.”

“The ICC has no jurisdiction over the United States or Israel, as neither country is party to the Rome Statute or a member of the ICC. Neither country has ever recognized the ICC’s jurisdiction, and both nations are thriving democracies with militaries that strictly adhere to the laws of war,” the White House said in a statement.

The Hague-based court slammed the move, saying  it would “harm its independent and impartial judicial work.”

The Dutch government also reacted against Trump’s executive order. “The Netherlands regrets the executive order imposing sanctions on the ICC. The court’s work is essential in the fight against impunity,” foreign affairs minister Caspar Veldkamp said on social media.

According to an analysis last month by the Volkskrant, the Netherlands runs a particular risk, given that it hosts the ICC and that everyone who has been arrested ends up on Dutch soil. Although detention is up to the court, everything between Schiphol airport and the 12 ICC cells at Scheveningen jail is the responsibility of the Netherlands.

The Netherlands also provides operational support, including security and access to suspects and witnesses.

Human rights groups called on the court’s member states to opposed the sanctions.

“The ICC is doing the job it was set up to do – ensuring no one is above the law. The US should not turn its back on victims who look to the ICC as an essential court of last resort,” Human Rights Watch said in a statement.

“Although the US is not an ICC member, sanctions could have a wide-ranging impact on the ICC’s work, undermining every situation on its docket. The ICC’s 125 member countries should publicly support the court’s independence and adopt measures to block the effect of sanctions.”

Previous sanctions

How the sanctions will work specifically is unclear. The government will now determine which individuals – or if the court itself – falls under Trump’s order.

The previous Trump administration sanctioned two staff members at the court in 2020 over the investigation into war crimes in Afghanistan. Those targeted the then-chief prosecutor Fatou Bensouda and one of her deputies.