The United States government, led by Secretary of State Marco Rubio, announced on July 13 a campaign aimed at dismantling or disabling the International Criminal Court (ICC), claiming the court threatens US sovereignty and interferes with US military and law enforcement operations [1, 2, 3]. Rubio published an op-ed in the Wall Street Journal and posted a video statement on X to explain and justify the campaign. He warned, "If we stand idle, all of them will be at the mercy of foreign judges, thousands of miles away – facing the constant risk of prosecution and even imprisonment for the so-called ‘crime’ of defending their own country" [1].
The State Department plans to pressure other nations to reject the ICC’s authority to prosecute American officials and servicemen. Measures considered include sanctions, travel bans, and visa revocations against ICC personnel and affiliated organizations [1, 3]. Rubio emphasized, "Today, it threatens every aspect of our political and legal system. If they believe they can deprive us of our sovereignty, we will teach them the full meaning of American resolve" [3].
The ICC is headquartered in The Hague and can investigate crimes only in states party to the Rome Statute, which the US has neither signed nor ratified [1, 3]. Despite this, the ICC opened investigations in 2020 into alleged war crimes committed by US military and intelligence personnel in Afghanistan. So far, no prosecutions of US persons have occurred [3].
Three international legal experts criticized Rubio’s campaign, saying it mischaracterizes ICC jurisdiction and aims to protect American personnel from accountability for war crimes. Kenneth Roth, former executive director of Human Rights Watch, said Rubio is "dressing up his quest for impunity for American war crimes under the label of national sovereignty, which ignores the sovereign right of other nations to invoke the ICC for crimes committed on their territory" [1].
The current US campaign builds on sanctions imposed by the Trump administration on ICC officials and rights groups supporting investigations involving the US and allies, especially Israel [3].
The campaign remains active following Rubio's announcement in mid-July, with the US advocating for international rejection of the ICC’s jurisdiction over Americans and considering punitive measures against ICC personnel.
