US escalates campaign against International Criminal Court
US Secretary of State Marco Rubio threatens to dismantle the ICC “brick by brick,” imposing sanctions and visa restrictions. Experts warn of a “chilling effect” on international justice, despite the court's role in prosecuting war crimes.
The Hague hosts two major international courts often confused: the UN's International Court of Justice (ICJ), settling state disputes, and the International Criminal Court (ICC), established in 2002 to prosecute individuals for war crimes, crimes against humanity, and genocide. The ICC has 125 member states; the US, Russia, and China are not among them.
Secretary of State Marco Rubio recently threatened to dismantle the court “brick by brick.” The State Department is considering visa restrictions on ICC staff, tougher sanctions, and increased scrutiny of countries that do not reject the court's “illegitimate authority.”
Experts say this marks a strategic escalation. “The US has been using diplomatic pressure for over a year to change countries' positions toward the ICC,” says Andreas Schüller of the European Center for Constitutional and Human Rights.
The ICC has issued arrest warrants for Russian President Vladimir Putin and Israeli Prime Minister Benjamin Netanyahu. The US is not a member, so crimes on US soil are not under ICC jurisdiction, but the court can prosecute suspects from member states.
Rubio argues the ICC threatens the US legal system, citing Border Patrol agents and Marines. No case against US citizens is currently pending. However, former ICC prosecutor Luis Moreno Ocampo described US targeted killings of alleged drug smugglers in the Caribbean as potential crimes against humanity.
Legal experts fear a “chilling effect,” making ICC prosecutors more cautious. The US already imposed sanctions last year, leading the court to reduce reliance on American software.
The EU and Germany quickly voiced support for the court. Ironically, in 2022 the US Senate welcomed ICC investigations into Russia, with then-Senator Rubio co-sponsoring the resolution.
