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ICC: Rubio Accuses Court of Threatening US Sovereignty

ICC came under renewed criticism from the United States on Monday after Secretary of State Marco Rubio accused the International Criminal Court of threatening American sovereignty and exceeding its legal authority.

Rubio said the court and its supporters were “waging a war” against the United States by using international legal mechanisms rather than military force.

“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,” Rubio said.

He argued that the court had evolved into “the unaccountable arbiter of a new global law” with the power to prosecute and arrest American citizens without US consent.

Rubio described the court as more radical than originally intended and criticised what he called unelected global bureaucrats exercising broad powers.

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

His remarks came as the Trump administration intensified efforts to challenge the court’s authority over US citizens and military personnel.

According to a US State Department official, Washington is considering several measures against the ICC, including expanded sanctions, visa restrictions, travel bans on court officials, sanctions on affiliated organisations and increased diplomatic pressure on countries that support the court.

The official said the administration aims to isolate the ICC diplomatically and prevent it from pursuing investigations involving American officials or service members.

President Donald Trump has repeatedly opposed the court’s jurisdiction over US nationals. Former President George W. Bush also maintained that the ICC should not have authority to investigate or prosecute American military personnel.

Reuters previously reported that the Trump administration supported sanctions against ICC officials to deter future investigations into US military operations overseas.

The International Criminal Court, established in 2002, prosecutes genocide, war crimes, crimes against humanity and the crime of aggression. It exercises jurisdiction only when national authorities are unwilling or unable to conduct credible investigations. The United States is not a member of the court.

Trump’s opposition to the ICC intensified after the court issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu following Trump’s re-election in November 2024.

Last month, three ICC judges filed a lawsuit against the Trump administration, arguing that sanctions imposed on them were unlawful.

The State Department said countries hosting US military forces, cooperating with American law enforcement or benefiting from US security assistance are being encouraged to reject the ICC’s claimed authority over American officials and military personnel.

The department also warned that countries continuing to support the court while relying on US assistance could face greater scrutiny from Washington.

The United States reinforced its position through the American Service-Members’ Protection Act of 2002, commonly known as the Hague Invasion Act. The law authorises the US president to use all necessary means to secure the release of American personnel detained by or on behalf of the ICC.

The legislation also restricts US cooperation with the court and limits the participation of American armed forces in certain United Nations operations unless the president determines that US national interests justify such involvement or confirms that US personnel face no risk of ICC prosecution.

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