Termination of Emergency With Respect to the International Criminal Court

President Biden terminated the national emergency declared by the Trump administration against the International Criminal Court, revoking sanctions and visa restrictions on ICC personnel and those who assist it. The U.S. maintains its objection to ICC jurisdiction over American personnel but rejects financial sanctions as an ineffective strategy.

Federal Register Open PDF 86 FR 17895

Impact dates

Apr 1, 2021
Termination of national emergency and revocation of EO 13928 takes effect
Apr 1, 2021
Suspension of entry as immigrants and nonimmigrants no longer in effect

Key directives

Terminate national emergency declared in Executive Order 13928
Revoke Executive Order 13928
Lift suspension of entry for immigrants and nonimmigrants meeting criteria in section 1(a) of EO 13928
Remove such individuals from coverage under Presidential Proclamation 8693

Timeline

Immediate

Termination of national emergency effective April 1, 2021
Revocation of Executive Order 13928
Suspension of entry restrictions lifted effective date of signing
Individuals no longer treated as covered by Presidential Proclamation 8693

Near term (90d)

Potential unblocking of previously frozen assets
State Department processing of visa applications for previously restricted individuals

Long term

Shift in U.S. approach to ICC from sanctions-based to diplomatic engagement
Ongoing protection of U.S. personnel through non-sanctions means

Risks & tensions

U.S. maintains substantive objection to ICC jurisdiction but changes tactics, creating potential inconsistency in messaging
No alternative mechanism specified for 'vigorously protecting' U.S. personnel
Preservation of pre-existing actions under Section 2 may perpetuate some sanctions effects for past conduct
Vague: 'vigorously protect' is rhetorical commitment without operational detail