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Marco Rubio, nan US caput of state, launched a run to dismantle nan International criminal court (ICC) connected Monday, claiming that nan world tribunal was interfering pinch US subject and rule enforcement operations astatine nan consequence of American sovereignty.
Rubio invoked images of US Border Patrol agents and elected leaders being “dragged earlier an world court” and tried by judges from astir nan world successful a lengthy op-ed published successful nan Wall Street Journal Monday.
“If we guidelines idle, each of them will beryllium astatine nan mercy of overseas judges, thousands of miles distant – facing nan changeless consequence of prosecution and moreover imprisonment for nan alleged ‘crime’ of defending their ain country,” Rubio warned successful a companion video posted to X.
The authorities section scheme to “dismantle” nan ICC will impact pressuring different nations to wantonness nan court, according to CNN. “Nations that garbage to cull nan ICC’s mendacious authority while relying connected US assistance are apt to travel nether accrued scrutiny,” an charismatic told nan outlet, adding that imaginable punishments could impact sanctions, recreation bans and visa revocations.
But 3 world ineligible experts described Rubio’s remarks arsenic a mischaracterization of nan tribunal’s powers.
“The ICC is not claiming jurisdiction complete behaviour successful nan United States,” said Kenneth Roth, erstwhile executive head of Human Rights Watch. “Rubio is dressing up his quest for impunity for American warfare crimes nether nan explanation of nationalist sovereignty, which ignores nan sovereign correct of different nations to invoke nan ICC for crimes committed connected their territory.”
The world court, headquartered successful The Hague, tin only analyse crimes committed successful states’ that are statement to nan Rome Statute, nan 2002 pact that established nan ICC. The United States has not ratified nan treaty, nor has nan tribunal opened investigations into crimes committed connected American soil.
“Trump wants to beryllium capable to perpetrate warfare crimes connected nan territory of countries that person accepted nan court’s jurisdiction – that’s what this is about,” Roth said.
At times nan Trump administration has celebrated nan conception of ICC jurisdiction – welcoming an investigation into Russian warfare crimes committed into Ukraine, which is simply a signatory to nan Rome Statute.
The Office of nan ICC prosecutor, led by Karim Khan, opened an investigation into Israel’s behaviour successful Palestine, which has consented to its investigations there. The tribunal has issued apprehension warrants for Benjamin Netanyahu, nan Israeli premier minister, and Yoav Gallant, nan defense minister, successful relationship to its warfare crimes investigation.
Six weeks into his 2nd term, Donald Trump issued an executive bid declaring a “national emergency” based connected what he called nan ICC’s “illegitimate and baseless actions targeting America and our adjacent state Israel”, and imposed a raft of sanctions connected tribunal officials, including its main prosecutor, Karim Khan, arsenic good arsenic his 2 deputies and six judges for their investigations into Israel’s behaviour successful Palestine and US work personnel activity successful Afghanistan.
The Trump administration’s sanctions authorities expanded passim 2025 by imposing sanctions connected Francesca Albanese, nan UN typical rapporteur connected quality authorities successful nan occupied Palestinian territories, and three Palestinian quality authorities groups who person been progressive successful collecting grounds of imaginable Israeli warfare crimes.
It’s unclear precisely really Rubio’s latest vow to “dismantle” nan ICC mightiness effect nan court’s operations moving forward.
“Presumably, we will commencement to perceive from overseas counterparts who are pressured to return action against nan ICC,” said a erstwhile elder US authorities sanctions official, who said connected nan information of anonymity to talk politically delicate matters. “When sanctions activity well, you usage sanctions to reenforce what you’ve achieved done diplomacy.”
It’s rumored that nan Trump management whitethorn punishment nan tribunal arsenic a whole, nan erstwhile charismatic said. “It gives you nan consciousness that this is simply a pre-emptive run against immoderate action nan ICC mightiness beryllium considering vis-a-vis Venezuela aliases elsewhere abroad.”
If this measurement is taken, Americans would not beryllium allowed to activity pinch nan ICC and American staff, companies aliases banks could consequence financial penalties aliases jailhouse clip for doing business pinch nan court.
“Rubio’s onslaught doesn’t conscionable underscore US hypocrisy, but undermines entree to justness crossed nan globe, from Ukraine to Sudan and could magnitude to obstruction of justice, a crime nether nan Rome Statute successful and of itself,” Raed Jarrar, Dawn’s defense head said successful a statement Monday. “It is not nan ICC that Rubio is dismantling ceramic by ceramic - but nan rules-based world bid that grew retired of nan ashes of world warfare two.”
