US Secretary of State Marco Rubio launched a formal campaign on Monday aimed at dismantling the International Criminal Court (ICC). Rubio contends that the global tribunal interferes with American military and law enforcement operations, thereby endangering US sovereignty. In a lengthy op-ed for the Wall Street Journal and a companion video posted to X, Rubio argued that without intervention, US border patrol agents and elected officials could be subjected to prosecution by foreign judges.
According to reports, the State Department's strategy involves pressuring other nations to reject the authority of the court. Officials indicated that countries relying on US assistance that refuse to abandon the ICC may face increased scrutiny, including potential travel bans, visa revocations, and sanctions. This follows a broader pattern of US opposition; six weeks into his second term, President Donald Trump issued an executive order declaring a national emergency regarding the ICC's actions, leading to sanctions against prosecutor Karim Khan, his deputies, and several judges over investigations into US activities in Afghanistan and Israeli conduct in Palestine.
Legal experts have pushed back against Rubio’s characterization of the tribunal. Kenneth Roth, former executive director of Human Rights Watch, stated that the ICC does not claim jurisdiction over conduct within the United States. Roth argued that Rubio is utilizing the label of national sovereignty to seek impunity for potential American war crimes. Because the United States has not ratified the Rome Statute—the 2002 treaty that established the court—the ICC cannot investigate crimes on American soil. Critics like Raed Jarrar of Dawn suggest that these actions undermine the rules-based international order established after World War II.
The administration’s pressure campaign may expand further. A former senior US government sanctions official noted that the administration might eventually sanction the tribunal as a whole. Such a move would prohibit Americans from working with the ICC and could expose US companies or banks to financial penalties for conducting business with the organization. This campaign comes despite the Trump administration previously welcoming ICC investigations into Russian war crimes in Ukraine, a nation that is a signatory to the Rome Statute. Furthermore, the administration expanded its sanctions throughout 2025 to include UN special rapporteur Francesca Albanese and various Palestinian human rights groups involved in documenting evidence of possible war crimes.
