US Secretary of State Marco Rubio on Friday (October 9) threatened to “end the ICC” unless the International Criminal Court (ICC) complies with Washington’s demands, as the Trump administration imposed sweeping sanctions on the tribunal, escalating tensions with European allies that support the court.
The sanctions block any assets the ICC holds under US jurisdiction and give American companies and individuals six months to wind down their business with the court. The measures could also affect companies providing services to the tribunal, potentially disrupting its operations.
“President Trump will never allow the International Criminal Court to prosecute Americans,” Rubio said in a video posted on social media. He described the tribunal as a “rogue court” and said the sanctions would cut off its resources and cripple its ability to operate against the United States.
“The United States and the American people are not subject to the jurisdiction of this fake ICC,” Rubio said.
He added that both Republicans and Democrats had deep reservations about the court, but argued that Trump alone had shown the resolve to act against it.
“Either the ICC will end its threats, or we will end the ICC,” Rubio said, warning that Washington would continue its campaign to dismantle the court if its demands were not met.
The Trump administration has long opposed the ICC, accusing it of being politicised and of attempting to prosecute Americans and Israelis unfairly and illegally on war crimes charges. Washington has particularly criticised the court over arrest warrants issued for Israeli officials, including Prime Minister Benjamin Netanyahu, and an earlier investigation into the actions of US soldiers in Afghanistan, which the ICC has since closed.
Founded in 2002, the ICC prosecutes war crimes, crimes against humanity and genocide. It has 125 member states, including all European Union countries and all NATO members except the United States and Turkey.
The ICC condemned the US measures as an attack on the rule of law and the foundations of the international legal order, saying they were intended to obstruct justice and prevent the court from fulfilling its mandate.
“It is an attempt to obstruct the course of justice and to prevent the court from doing what it was created to do,” the tribunal said in a statement. “It is an assault on the rule of law and on the very foundations of the international legal order which strikes at the simple principle that no one stands above the law.”
ICC President Tomoko Akane said the court would continue its work independently and impartially, based on the law and evidence, for victims of serious crimes.
She appealed to other member states for support, saying the issue was not just about defending the institution but also about safeguarding an international order grounded in the rule of law.
The court’s deputy prosecutor, Nazhat Shameem Khan, also condemned the sanctions and said they would not halt the tribunal’s work.
Rubio said Washington expected its allies to join the actions against the ICC, including European NATO members and Japan. He warned that the United States would continue its campaign to dismantle the court “piece by piece” until Americans were no longer threatened.
The sanctions risk putting Washington at odds with European allies that support the ICC. The Netherlands, which hosts the court, reaffirmed its backing for the tribunal.
Dutch Foreign Minister Tom Berendsen described the US announcement as “a deeply regrettable step” and said his country stood firm in defence of the court. He added that the six-month period before the measures take effect offered an opportunity for dialogue.
The announcement came hours after South African jurist Navi Pillay won the Nobel Peace Prize. Pillay served as a judge on the ICC’s Appeals Chamber from 2003 to 2008 and has also served on other international courts.
The Nobel committee said its decision was intended to “issue a reminder” at a time when “judges and institutions of international law are under political attack”.
The Trump administration’s campaign against the ICC, however, had begun well before the Nobel announcement. Washington has previously imposed sanctions on the court’s prosecutors and judges, but the latest measures could extend the pressure to companies and individuals that provide services to the tribunal.