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The exterior of the International Criminal Court (ICC) can be seen in The Hague, Netherlands, as the U.S. considers imposing sanctions as early as this week against the entire court, according to Reuters on September 22, 2025.
Rubio claims the ICC and its allies are waging a war against the United States. A State Department official stated that various options regarding the ICC are currently under review, emphasizing that no diplomatic measure is off the table.
The Trump administration is actively working to dismantle what it views as a threat to U.S. sovereignty posed by the ICC, confirmed Secretary of State Marco Rubio on Monday. Historically, President Donald Trump and other leaders like former President George W. Bush have argued that the ICC should not have authority to investigate or prosecute Americans, especially military personnel.
Reuters reports that the Trump administration supported sanctions against ICC officials partly to prevent future efforts to hold Trump or his associates accountable for U.S. military actions abroad. In a video message, Rubio explained that while the ICC was originally meant to prosecute only severe crimes like genocide and war crimes, it has evolved into a more radical and extreme entity. He made it clear that the U.S. would not allow the court to threaten its personnel.
A State Department official, speaking anonymously, revealed that a broad array of measures, including travel bans, visa cancellations, expanded sanctions against the ICC and its affiliates, and diplomatic efforts to persuade other countries to leave the court, are being considered.
“The United States will not rule out any diplomatic option in its effort to neutralize the threat the ICC poses to Americans,” the department affirmed.
The ICC spokesperson, Oriane Maillet, stated that the court would not comment on these developments at this time.
Established in 2002 by the international community, the ICC prosecutes war crimes, genocide, and crimes against humanity. Its jurisdiction applies only when a member state cannot or will not prosecute atrocities. The U.S. has never been a member, but the ICC’s statute also permits it to prosecute crimes committed on the territory of member states by individuals from non-member countries.
Trump’s opposition to the court dates back to his first term and intensified after the court issued an arrest warrant for Netanyahu, an ally of Trump, in November 2024. Last month, three ICC judges sued Trump and his administration over sanctions imposed last year, claiming those measures were unlawful.
In an opinion piece for the Wall Street Journal, Rubio highlighted concerns about activists and others calling for the ICC to prosecute U.S. personnel over issues like migrant deportations and military strikes that allegedly involved illicit activity.
“As we speak, the ICC and its allies are waging a war against our nation—not with guns or bombs, but through statutes, treaties, and the power of so-called international law,” Rubio said. He warned that U.S. Border Patrol agents, Marines, and terrorism prosecutors could face prosecution by the court.
Recently, the ICC has refrained from investigating U.S. personnel. In March 2020, prosecutors opened an investigation into possible crimes by U.S. troops in Afghanistan, but since 2021, the focus shifted away from the U.S., concentrating instead on crimes by Afghan government forces and the Taliban.
The official from the State Department stated that Rubio and other senior U.S. officials are pressuring other countries to diplomatically isolate the ICC, preventing it from targeting Americans. Countries allied with U.S. law enforcement, hosting U.S. military bases, or benefiting from U.S. security support are being urged to reject the ICC’s authority over American officials and personnel.
Countries that continue to rely on U.S. assistance while refusing to reject the ICC are expected to face increased scrutiny.
“We’re watching closely to see which nations stand with us against this threat to Americans risking their lives in service of others,” the official added.
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