Representative Ilhan Omar introduced a resolution calling for the United States to join the International Criminal Court, pushing back against the Trump administration's efforts to undermine the tribunal.
The resolution highlights a significant division in US foreign policy regarding international law and human rights, challenging the Trump administration's isolationist stance on global justice mechanisms.
Democratic congresswoman Ilhan Omar introduced a resolution on Wednesday urging the United States to join the International Criminal Court (ICC). This move represents the first congressional opposition to the Trump administration's stated intention to "systematically disable" the war crimes tribunal through sanctions and diplomatic pressure.
Omar stated that the ICC is a vital tool for justice in regions where victims lack other recourse. "If we truly believe in human rights and the rule of law, we should strengthen international justice–not undermine it," she said. "The United States should lead by example and show that no one is above the law."
European lawmakers have also defended the ICC, rejecting the Trump administration's claims that it poses a threat to US sovereignty. EU spokesperson Anouar El Anouni stated on Tuesday that attacks or threats against the court are unacceptable.
While the ICC briefly garnered bipartisan support following Russia's 2022 invasion of Ukraine, the Trump administration has taken actions against it. The late senator Lindsey Graham had previously supported the court as a venue for prosecuting "bad actors" in areas lacking the rule of law. Omar is reintroducing similar legislation she proposed in April 2022, though the extent of future Republican and Democratic support remains uncertain.
Omar's resolution coincides with a lawsuit filed by two US advocacy groups against the Trump administration. They argue that a 2025 executive order has hindered their ability to engage in constitutionally protected work related to the ICC's investigation into alleged Israeli war crimes in the West Bank and Gaza.
Rubio has characterized the ICC as a threat to American political and legal systems. However, some Democrats in Congress have defended the court, with Senate Democrats successfully blocking an ICC sanctions measure last year, though divisions persist within the party regarding the Trump administration's approach.
Legal experts have informed The Guardian that Rubio's portrayal of the ICC's intentions and jurisdiction is inaccurate. They noted that the court cannot prosecute crimes committed on US soil because the United States is not a signatory to the Rome Statute, the 2002 treaty that established the ICC. The permanent war crimes tribunal is recognized by 125 countries and was established following the success of ad hoc tribunals for atrocities in the former Yugoslavia, Rwanda, Cambodia, and Sierra Leone.