Trump administration launches effort to isolate International Criminal Court

WASHINGTON/THE HAGUE — The Trump administration is launching an effort to dismantle what it describes as a threat to U.S. sovereignty posed by the International Criminal Court (ICC), Secretary of State Marco Rubio said on Monday.

President Donald Trump and other U.S. officials, including former President George W. Bush, have long argued that the ICC does not have the authority to investigate or prosecute Americans, particularly members of the U.S. military. Reuters previously reported that the Trump administration supported sanctions against ICC officials partly to prevent future efforts to hold the president or his officials accountable for U.S. military actions overseas.

In a video message posted on Monday, Rubio said the ICC was originally created to prosecute the most serious international crimes but had become “something far more radical and extreme.” He said the Trump administration would not allow the court to threaten U.S. personnel.

A State Department official, speaking on condition of anonymity, said the administration is considering a range of measures against the ICC, including travel bans, visa restrictions, expanded sanctions against the court and affiliated organizations, and diplomatic efforts to encourage other countries to withdraw from the ICC.

“No diplomatic option will be off-limits in the campaign to dismantle the threat posed by the ICC to Americans,” the State Department said in a statement.

ICC spokesperson Oriane Maillet said the court would not comment on the issue at this stage.

The ICC was established in 2002 to prosecute war crimes, genocide, and crimes against humanity. The court can intervene when a member state is unable or unwilling to prosecute serious crimes on its own. The United States has never joined the ICC, but the court’s founding treaty allows it to investigate alleged crimes committed in the territory of member states, including by citizens of countries that are not ICC members.

Trump’s opposition to the ICC dates back to his first term in office. The issue resurfaced after his 2024 election victory, when the ICC issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu, a close ally of Trump.

Last month, three ICC judges filed a lawsuit against Trump and his administration over sanctions imposed on them last year, arguing that the measures were unlawful.

Diplomatic campaign against ICC

In an opinion article published by The Wall Street Journal on Monday, Rubio cited concerns raised by activists and others calling for the ICC to investigate U.S. personnel, including actions related to the Trump administration’s migrant deportation policies and U.S. strikes on boats suspected of carrying narcotics.

“As we speak, the ICC and its friends are waging a war against our country, not with bullets and missiles, but with statutes, compacts, and the force of so-called international law,” Rubio said in his video message.

He claimed that Border Patrol agents, Marines, and prosecutors involved in terrorism cases could potentially face prosecution by the court. However, the ICC has not taken steps in recent years to investigate U.S. personnel.

In March 2020, ICC prosecutors opened an investigation into Afghanistan that included allegations involving possible crimes committed by U.S. troops. Since 2021, however, the court has reduced its focus on U.S. actions and prioritized alleged crimes involving the Afghan government and Taliban forces.

The State Department official said Rubio and other senior U.S. officials are working to diplomatically isolate the ICC and prevent it from exercising authority over American officials and military personnel.

Countries that cooperate with U.S. law enforcement, host American military forces, or rely on U.S. security support are being urged to reject what Washington considers the ICC’s authority over Americans, the official said.

The official added that nations refusing to oppose the ICC while continuing to receive U.S. assistance could face greater scrutiny.

“We will watch with interest which nations join ranks with us against this threat to Americans who are willing to risk their lives to protect others,” the official said.

-Reporting by Steve Holland and Simon Lewis in Washington and Stephanie van den Berg in The Hague; Editing by Sergio Non, Nia Williams and Matthew Lewis/Reuters