Rubio lashes out at International Criminal Court, accuses it of 'waging war' against US

US Secretary of State Marco Rubio on Monday accused the International Criminal Court (ICC) of threatening American sovereignty and “waging a war” against the country.

“The ICC and its friends are waging a war against our country — not with bullets or missiles but with statutes, compacts and the force of so-called ‘international law’“.

He further said the court had “become the unaccountable arbiter of a new global law — empowered to prosecute and arrest our citizens at will”.

Rubio described the court as “far more radical and extreme” than it had initially promised to be, saying it was “staffed by unelected globalist bureaucrats who claim their power is almost unlimited”.

“The danger of this global court has only continued to grow.”

“The American people never agreed to any of this,” he said. “And they never will.”

Rubio’s remarks come after the Trump administration launched an effort to dismantle what it describes as the threat posed by the ICC to US sovereignty, according to a State Department official.

President Donald Trump and other US officials, such as former President George W. Bush, have long said the ICC should not have the authority to investigate and prosecute Americans, particularly members of the military.

Reuters earlier this year found the Trump administration backed sanctions against ICC officials in part to head off any future attempts to hold him or his officials accountable for US military action overseas.

The State Department official, speaking on condition of anonymity, said a wide range of options is under consideration to target the ICC, including travel bans, visa revocations, increased sanctions against the ICC and affiliated organisations, and diplomatic pressure on other nations to withdraw from the ICC.

The ICC was established in 2002 by the international community to prosecute war crimes, genocide and crimes against humanity. It asserts jurisdiction only if a member state is unable or unwilling to prosecute atrocities itself. The US has never been a member of the court.

Trump’s hostility toward the court goes back to his first term. It manifested again with a plan to punish ICC officials, an idea hatched in November 2024 when Trump was re-elected and the ICC issued an arrest warrant for his ally, Prime Minister Benjamin Netanyahu of Israel.

Last month, three International Criminal Court judges sued Trump and his administration over sanctions imposed on them last year, arguing the measures were unlawful.

The State Department official on Monday said Rubio and other top US officials are pressuring other countries as part of a campaign “to diplomatically isolate the International Criminal Court and ensure it cannot target Americans”.

In March 2020, ICC prosecutors opened an investigation in Afghanistan that included looking into possible crimes by US troops, but since 2021, it has deprioritised the role of the US and focused on alleged crimes committed by the Afghan government and Taliban forces.

The official said nations that partner with US law enforcement, host a US military presence, or benefit from the broader US security umbrella “are being called upon to reject the ICCs purported authority to prosecute American officials and servicemen”.

Nations that refuse to reject the ICC while relying on US assistance are likely to come under increased scrutiny, the official said.

“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.

The Hague Invasion Act

The US enacted a federal law in 2002, named the American Service-Members’ Protection Act (ASPA), with the intention to “protect United States military personnel and other elected and appointed officials of the United States government against criminal prosecution by an international criminal court to which the United States is not party”.

Also known as the Hague Invasion Act, the act authorises the US president to use “all means necessary and appropriate to bring about the release of any person … being detained or imprisoned by, on behalf of, or at the request of” the ICC.

Alongside prohibiting cooperation with the court, the bill also prohibits participation by members of the US armed forces in certain operations of the United Nations, “unless the president certifies that US national interests justify such participation or that the members are not at risk of ICC prosecution”. ...