The transatlantic rift between the United States and Europe has deepened as the European Union strongly rebuffs Washington's claims that the International Criminal Court (ICC) poses a threat to US sovereignty. This latest salvo follows a declaration from the Trump administration that it intends to "systematically disable" the Hague-based tribunal, which prosecutes some of the world's most egregious crimes.
An EU spokesperson, Anouar El Anouni, stated on Tuesday that the bloc stands firm in its support for the ICC, highlighting that "attacks or threats against the court-elected officials, personnel or those cooperating with the court are simply not acceptable." He clarified that the ICC focuses on individuals responsible for crimes such as genocide and war crimes, rather than targeting sovereign states or threatening their sovereignty. The court's jurisdiction applies to perpetrators of the most serious crimes of international concern.
Since Donald Trump's return to the presidency last year, his administration has consistently worked to undermine the ICC. This campaign has included placing 11 court officials, including the chief prosecutor and eight judges, under US sanctions. These measures have reportedly led to difficulties for those affected, such as cancelled credit cards, frozen Amazon and Google accounts, and US travel bans.
The latest announcement signifies a significant escalation in the US stance, with Marco Rubio, the US Secretary of State, claiming in a video that the court "threatens every aspect of our political and legal system." He evoked images of US border patrol agents and elected leaders being "dragged before an international court" and tried by international judges. The US State Department indicated that its campaign would involve a "wide range of actions," including potentially pressuring other nations to withdraw from the ICC and increasing scrutiny of countries that refuse to comply while relying on US assistance.
This could have significant implications for nations like Ukraine, where the ICC launched an investigation into potential war crimes following Russia's invasion in 2022. Legal experts have largely dismissed Rubio's remarks as a mischaracterisation of the tribunal's powers. The ICC's jurisdiction is limited to crimes committed in states that are signatories to the 1998 Rome Statute, which established the court. Even then, it only intervenes if a member state is unwilling or unable to prosecute atrocities itself.
Crucially, the United States is not a signatory to the Rome Statute. Furthermore, the likelihood of US citizens abroad being tried by the ICC is low, as approximately 100 countries have agreements with the US to prevent the surrender of Americans to the court. Kenneth Roth, former executive director of Human Rights Watch, highlighted that the ICC does not claim jurisdiction over conduct within the US, suggesting Rubio's arguments were a bid for impunity for potential American war crimes under the guise of national sovereignty.