Key facts
- The EU has rejected the Trump administration's assertion that the International Criminal Court (ICC) threatens US sovereignty.
- An EU spokesperson stated that the ICC prosecutes individuals, not sovereign states.
- The US government announced it would work to 'systematically disable' the ICC.
- The US has previously sanctioned 11 ICC officials, including the chief prosecutor and eight judges.
- US Secretary of State Marco Rubio claimed the ICC threatens 'every aspect of our political and legal system'.
- Legal experts countered that the ICC only investigates crimes in states party to the Rome Statute and only if a member state is unable or unwilling to prosecute.
The European Union has firmly rejected claims made by the Trump administration that the International Criminal Court (ICC) poses a threat to U.S. sovereignty. The pushback comes after the U.S. government announced its intention to 'systematically disable' the global tribunal.
An EU spokesperson, Anouar El Anouni, stated on Tuesday that the bloc "stand[s] firm in our support for the international criminal court (ICC)" and that "attacks or threats against the court-elected officials, personnel or those cooperating with the court are simply not acceptable." He emphasized that the ICC "does not target sovereign states, nor does it constitute a threat to their sovereignty," but rather "exercises jurisdiction over individuals, perpetrators of the most serious crimes of concern to the international community."
Since Donald Trump's return to power, his administration has taken steps to impede the court's operations, including placing 11 ICC officials under U.S. sanctions. Monday's announcement marked a significant escalation, with U.S. Secretary of State Marco Rubio claiming in a video that the court "threatens every aspect of our political and legal system." In an accompanying op-ed, Rubio invoked scenarios of U.S. officials being tried by international judges.
The U.S. State Department indicated a broad range of actions would be taken, potentially including pressuring other nations to withdraw from the ICC and increasing scrutiny of those that do not comply while receiving U.S. assistance. Ukraine, where the ICC is investigating possible war crimes related to Russia's invasion, could be among the countries affected.
Legal experts have characterized Rubio's statements as a misrepresentation of the ICC's authority. The court's jurisdiction is limited to crimes committed in states that are party to the Rome Statute, and it only asserts jurisdiction when a member state is unable or unwilling to prosecute. The U.S. is not a signatory to the statute. Kenneth Roth, former executive director of Human Rights Watch, argued that Rubio's claims are a "quest for impunity for American war crimes under the label of national sovereignty," ignoring other nations' rights to invoke the ICC for crimes on their territory.
A former senior U.S. government sanctions official suggested the administration's actions are a preemptive move against potential ICC investigations into U.S. actions abroad, such as in Venezuela. Rubio's op-ed also cited calls for the court to prosecute the Trump administration for actions like migrant deportations or U.S. strikes on suspected drug-carrying boats. Roth further expressed concern that the administration aims to ward off scrutiny for future actions, stating, "Trump wants to be able to commit war crimes on the territory of countries that have accepted the court’s jurisdiction – that’s what this is about."