Sanctions on the International Criminal Court as "Infrastructure Kill Chain"

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Sanctions published last week by OFAC effectively weaponize access to cloud platforms, identity systems, and communication tools, highlighting the vulnerability of global institutions reliant on U.S.-based digital infrastructure.

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has published the International Criminal Court-Related Sanctions Regulations (31 CFR Part 528), formalizing implementation of Executive Order 14203, signed by President Trump on February 6, 2025.

The new rule targets individuals and entities associated with the International Criminal Court (ICC), citing actions deemed to threaten U.S. national security and foreign policy interests.

The rule, effective immediately, codifies prohibitions on transactions involving designated persons, including ICC Prosecutor Karim Khan, whose assets and interests in property under U.S. jurisdiction are now blocked. The sanctions bar U.S. persons and companies from providing services—including digital infrastructure—to affected individuals.

OFAC’s action also incorporates six general licenses—previously available only on its website—into the new regulation. These licenses authorize limited categories of transactions, including the provision of legal services (§528.506), emergency medical assistance (§528.508), U.S. government operations (§528.509), and certain humanitarian transactions (§528.510).

The move follows sanctions issued June 5 against four ICC judges who authorized investigations into U.S. and Israeli officials. Analysts note that the enforcement of these sanctions reaches beyond traditional financial measures.

“This is no longer just about compliance—it’s control,” said Dion Wiggins, CTO of Omniscien Technologies, in a statement analyzing the broader implications. “The ICC case reveals the infrastructure kill chain behind a global threat no one is talking about.”

According to Wiggins, the sanctions effectively weaponize access to cloud platforms, identity systems, and communication tools, highlighting the vulnerability of global institutions reliant on U.S.-based digital infrastructure. “Legal workflows stop. Calendars and hearings become unreachable. Case files are locked inside inaccessible repositories. The system breaks in silence,” he wrote in Digital Sovereignty Revoked: How Cloud Infrastructure Became a Weapon of Foreign Policy. [Link]

The rule, published without a notice of proposed rulemaking, cites foreign affairs exemption and Executive Orders 14192 and 14219 to bypass public comment. It explicitly incorporates the mens rea standard of “willfulness” for violations, as required under E.O. 14294 on criminal regulatory offenses.

The regulation marks a rare and sweeping use of IEEPA to impose sanctions not only on financial transactions but also on critical infrastructure access. Critics warn that its precedent may affect not just international tribunals, but also NGOs, academic institutions, and governments reliant on U.S. digital service providers.

The full text of the regulation, including definitions, licensing procedures, enforcement mechanisms, and appended Executive Order 14203, is available via the Federal Register and OFAC’s website.

The Department of the Treasury's Office of Foreign Assets Control (OFAC) is publishing regulations to implement Executive Order 14203 of February 26, 2025, "Imposing Sanctions on the International Criminal Court ."

(OFAC) will be removing General Licenses 2, 3, 4, 5, 6, and 7 and issuing the International Criminal Court-Related Sanctions Regulations (31 CFR Part 528). No Notice of Proposed Rulemaking (NPRM) is required for this rule.

 These regulations are currently available for public inspection with the Federal Register and will take effect upon publication in the Federal Register on July 1, 2025.

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