The US Secretary of State Marco Rubio has launched an unprecedented attack on the International Criminal Court (ICC), vowing to "dismantle" the institution. This provocative stance comes amidst heightened tensions in Iran, where US military engagement has been ongoing and reportedly experiencing difficulties. Mr Rubio's aggressive rhetoric is likely to send shockwaves through international diplomatic circles, particularly among countries that have ratified the Rome Statute establishing the ICC.
Mr Rubio's warnings of a dystopian future where US law enforcement officers or border patrol agents could face trial by international judges has been met with widespread scepticism. The ICC's mandate explicitly excludes jurisdiction over crimes committed within the United States, applying instead to crimes committed on the territory of its 125 member states or by nationals of those states, unless referred by the UN Security Council.
The US government's claim that it does not consent to the laws applied by the ICC is also disputed. These laws are derived from international treaties such as the Genocide Convention and the Geneva Conventions, which the US has either ratified or incorporated into its military manuals. Critics argue that the administration's true objective is to ensure impunity for war crimes and other mass atrocities committed by US nationals on the territory of ICC member states.
The Trump administration's stance is seen as a double standard, where international law is wielded against adversaries while being ignored when it might constrain US actions. Mr Rubio invoked international law to criticise Iran over its fees for ships passing through the Strait of Hormuz, yet dismissed its applicability to US conduct. The fact that nearly all European nations are among ICC members is also conveniently overlooked in his characterisation of the court as "run" by "hostile Third World governments".
The US has a history of shifting positions on the ICC's territorial jurisdiction. While the Bill Clinton administration opposed its founding in 1998, the Joe Biden administration supported the ICC's decision in March 2023 to charge Russian President Vladimir Putin for allegedly kidnapping Ukrainian children. This case highlighted the court's power to prosecute individuals from non-member states if their alleged crimes occur on the territory of a member state.