U.S. Secretary of State Marco Rubio has renewed the Trump administration's campaign against the International Criminal Court (ICC), accusing the Hague-based tribunal of threatening U.S. sovereignty and pledging further diplomatic action over its investigations.
Rubio's remarks mark the latest escalation in a decades-long dispute between Washington and the ICC over whether the tribunal can investigate citizens of countries that have not joined the Rome Statute.
What is the ICC?
The ICC was established in 2002 under the Rome Statute to prosecute individuals accused of genocide, crimes against humanity, war crimes and the crime of aggression.
Unlike the International Court of Justice (ICJ), which settles disputes between states, the ICC investigates and prosecutes individuals.
The court can intervene when national authorities are unwilling or unable to genuinely investigate or prosecute such crimes.
Based in The Hague, the ICC has 125 member states and is investigating alleged crimes in situations including Ukraine, the Palestinian territories, Uganda, Venezuela and Myanmar.
The United States signed the Rome Statute under President Bill Clinton but never ratified the treaty.
Washington has long argued that joining the ICC could expose American military personnel, government officials and political leaders to politically motivated prosecutions.
President George W. Bush withdrew the U.S. signature from the Rome Statute in 2002. That same year, Congress passed the American Servicemembers' Protection Act, aimed at shielding U.S. citizens from prosecution by an international court that the country had not joined.
The U.S. has also signed more than 100 bilateral agreements with ICC member states preventing them from surrendering American nationals to the court.
Trump's opposition to the ICC dates back to his first term, when his administration targeted the court over its investigation into alleged U.S. war crimes in Afghanistan.
In 2020, Trump signed an executive order declaring a national emergency over what he called the ICC's "illegitimate assertions of jurisdiction". The order authorised sanctions and visa restrictions against certain ICC officials.
The measures were lifted by President Joe Biden in 2021, although Washington continued to oppose the Afghanistan investigation.
Tensions rose again after the ICC issued arrest warrants in November 2024 for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes linked to the Gaza conflict.
Israel has rejected the ICC's jurisdiction and denied allegations of war crimes.
Rubio has argued that the ICC threatens U.S. sovereignty because it claims authority over American citizens despite the United States never having accepted the court's jurisdiction.
He also said the court had evolved from an institution created to prosecute the world's gravest crimes into "something far more radical and extreme" that threatens U.S. personnel.
"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 a recent statement.
The State Department has said Washington is considering further sanctions, visa restrictions and diplomatic pressure against countries that continue to cooperate with the court.
The ICC argues that it can investigate crimes committed on the territory of its member states, even if the alleged perpetrators are citizens of countries that have not joined the court.
This principle, known as territorial jurisdiction, was used in the ICC's investigation into alleged crimes involving U.S. personnel in Afghanistan, which was a party to the Rome Statute at the time.
EU officials have rejected Washington's argument that the ICC threatens national sovereignty, saying the court investigates individuals rather than states.
EU spokesperson Anouar El Anouni said: "The ICC does not target sovereign states, nor does it constitute a threat to their sovereignty."
Critics argue that sanctions against ICC officials could weaken international efforts to hold individuals accountable for war crimes and other serious crimes.
Some observers say the State Department's campaign could be linked to concerns over possible ICC scrutiny of U.S. military actions, including operations involving Venezuela. Other U.S. strikes, including those affecting civilian sites in Iran, have also drawn international attention.
The Trump administration's sanctions have faced legal challenges in U.S. courts.
Two U.S.-based advocacy groups sued the administration, arguing that sanctions targeting ICC officials, Palestinian rights organisations and a UN expert violate Americans' First Amendment rights.
The groups say the measures have created a "chilling effect" by discouraging Americans from working with ICC investigations or engaging in advocacy related to Palestine.
The administration has rejected the claims, saying the sanctions are necessary to prevent what it calls ICC overreach.
The Trump administration has said it will continue using sanctions, visa restrictions and diplomatic pressure to challenge the ICC.
Washington is also seeking support from allies to reject the court's authority and reduce co-operation with the tribunal.
Whether the campaign succeeds remains uncertain. European allies have reaffirmed their support for the ICC, while the court continues its investigations despite pressure from Washington.
U.S. strikes on Iran entered a 12th consecutive night, while Yemen's Houthis said they attacked two Saudi oil tankers in the Red Sea, urging President...
Global oil prices climbed above $100 a barrel for the first time in nearly two months on Thursday (23 July) after Yemen's Houthi movement said it had ...
A global shift towards healthier diets, more efficient farming and reduced food waste could cut greenhouse gas emissions from agriculture-related land...
Start your day informed with AnewZ Morning Brief. Here are the top news stories for the 22nd of July, covering the latest developments you need to know.
Start your day informed with AnewZ Morning Brief. Here are the top news stories for the 23rd of July, covering the latest developments you need to know.
The United States has bombed Iran for an 11th consecutive night as the Pentagon says the war’s cost reach $37.5 billion. President Donald Trump threatens a heavy strike on the suspected Pickaxe Mountain nuclear site. Tehran warns that any attack could trigger a wider regional escalation.
U.S. strikes on Iran entered a 12th consecutive night, while Yemen's Houthis said they attacked two Saudi oil tankers in the Red Sea, urging President Donald Trump to warn Tehran it would be held responsible for any future Houthi attacks.
Azerbaijani President Ilham Aliyev and German President Frank-Walter Steinmeier have discussed regional developments, transport connectivity, energy cooperation and the Azerbaijan-Armenia peace process during talks in Berlin.
Channel Tunnel operator Getlink has warned that the biometric element of the European Union's new digital border security system for car passengers using the tunnel could be delayed because of software issues.
One soldier was killed and four others were injured after a UH-1Y Venom military helicopter crashed at the Czech Army's 22nd Air Base in Náměšť nad Oslavou, around 180 kilometres southeast of Prague, the Armed Forces said.
The European Union (EU) has agreed on a 21st package of sanctions against Russia, after shelving some proposed measures to appease member states, most notably Greece.
Greece’s security council, KYSEA, is expected to give final approval on Thursday for the purchase of a multi-layered air defence system from Israel worth up to €3.5 billion ($4 billion), along with several types of drones, according to two sources who spoke to Reuters.
Russia intensified attacks on Ukraine's Black Sea ports while Kyiv continued long-range drone strikes inside Russia, as U.S. Secretary of State Marco Rubio and Russian Foreign Minister Sergei Lavrov held talks that produced no breakthrough towards a ceasefire.
You can download the AnewZ application from Play Store and the App Store.
What is your opinion on this topic?
Leave the first comment