The Trump administration is reportedly preparing sweeping sanctions against the International Criminal Court (ICC) as an institution, extending measures already directed at individual court officials. “The sanctions would forbid most transactions with the ICC” after a six-to-seven-month grace period, the Wall Street Journal reports. The aim or effect appears to be the destruction of the institution as a whole. Secretary of State Marco Rubio has said the administration would “dismantle the ICC—brick by brick, if necessary.” What if this effort succeeded, and if other State supporters of the Court were not able to save the institution? The result could have dire consequences for the continued detention of people convicted of, or charged with, war crimes and crimes against humanity.
If the ICC is unable to try cases due to the dismantling of the institution, detainees awaiting trial or judgment may have to be released. The same may hold true for detainees who have been convicted but not yet exhausted their right to appeal. The latter may argue for release on the basis that the legal system in which they were convicted lacks an effective appeals process.
Below is a list of individuals currently in ICC custody awaiting trial, judgment, or the outcome of appeals.
1. Rodrigo Roa Duterte — Philippines
Who: The former President of the Philippines (2016–2022) and a longtime former mayor of Davao City. He allegedly headed the Davao Death Squad.
Crimes: On April 23, 2026, a three-judge Pre-Trial Chamber unanimously confirmed three counts of crimes against humanity of murder and attempted murder. The Court identified at least 76 alleged murders and two attempted murders, including the killings of children, during campaigns against alleged criminals in Davao City and throughout the Philippines between 2013 and 2018.
Status: In ICC custody; trial scheduled to begin Nov. 30, 2026.
2. Khaled Mohamed Ali El Hishri — Libya
Who: An alleged former senior official of the Special Deterrence Force (also known as RADA) and Mitiga Prison in Tripoli. He exercised direct authority throughout the prison and direct control of its women’s section, which also held young children.
Crimes: On July 16, 2026, a three-judge Pre-Trial Chamber unanimously confirmed 17 counts of crimes against humanity and war crimes, including murder and attempted murder; rape, attempted rape, and other sexual violence; torture, cruel treatment, and other inhumane acts; enslavement; imprisonment; outrages upon personal dignity; and persecution. The alleged crimes concerned thousands of detainees at Mitiga Prison and other locations in and around Tripoli between May 2014 and June 2020.
Status: In ICC custody; trial scheduled to begin May 4, 2027.
3. Mahamat Said Abdel Kani — Central African Republic
Who: A former Seleka commander who headed the Central Office for the Repression of Banditry (OCRB) in Bangui.
Crimes: On Sept. 23, 2026, a three-judge Trial Chamber unanimously convicted Said of four counts of crimes against humanity—imprisonment, torture, other inhumane acts, and persecution—committed at the OCRB during his tenure between April and August 2013. He was held responsible for committing crimes jointly with others against perceived supporters of former President François Bozizé, including unlawfully imprisoning at least 39 people and torturing 22.
Status: In ICC custody awaiting sentence.
4. Alfred Rombhot Yekatom — Central African Republic
Who: A former Anti-Balaka commander who led an armed group operating in Bangui and along the road from PK9, on the city’s outskirts, to Mbaïki.
Crimes: On July 24, 2025, a three-judge Trial Chamber unanimously convicted Yekatom (tried alongside Ngaïssona, below) of 19 counts of war crimes and crimes against humanity committed between December 2013 and February 2014, including murder, torture, cruel treatment, imprisonment, persecution, forcible transfer, and attacks on civilians and a mosque. The convictions covered killings of Muslim civilians in Bangui, abuse of captives at Yamwara, and forced displacement along the road from PK9 to Mbaïki, including at least 3,000 Muslim people from Mbaïki.
Status: Sentenced to 15 years’ imprisonment on July 24, 2025; in ICC custody while his appeal against conviction and sentence is pending.
5. Patrice-Edouard Ngaïssona — Central African Republic
Who: A former senior Anti-Balaka organizer who became the movement’s general coordinator in January 2014.
Crimes: On July 24, 2025, a three-judge Trial Chamber convicted Ngaïssona (tried alongside Yekatom, above) of 27 counts of war crimes and crimes against humanity committed between December 2013 and April 2014, including murder, torture, cruel treatment, imprisonment, persecution, forcible transfer, attacks on civilians and a mosque, and destruction of property. He was held responsible for aiding and abetting crimes in Bangui, at Yamwara, along the road from PK9 to Mbaïki, and in Bossangoa, where at least 18 people were killed during the Dec. 5, 2013 attack. The guilty findings were unanimous except for four concerning torture and murder, which were decided by a 2-1 majority.
Status: Sentenced to 12 years’ imprisonment on July 24, 2025; in ICC custody while Defence and Prosecution appeals are pending. He challenges his conviction and sentence; the Prosecution challenges his rape acquittals and the exclusion of rape from a persecution conviction.
6. Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”) — Darfur, Sudan
Who: A former commander of the government-allied Janjaweed militia in West Darfur.
Crimes: On Oct. 6, 2025, a three-judge Trial Chamber unanimously convicted Abd-Al-Rahman of 27 counts of war crimes and crimes against humanity committed between August 2003 and March 2004, including murder, attempted murder, rape, torture, persecution, forcible transfer, attacks on civilians, pillaging, and destruction of property. He was held responsible for personally committing murder and torture, committing crimes jointly with others, and ordering crimes including rape. The convictions covered attacks on predominantly Fur civilians in Kodoom and Bindisi and the torture and mass execution of detainees in Mukjar and Deleig, including at least 213 murders and the rape of at least 16 women and girls.
Status: Sentenced to 20 years’ imprisonment on Dec. 9, 2025; in ICC custody while his appeal against conviction and the Defence and Prosecution appeals against his sentence remain pending.
