‘Intolerable threat to US sovereignty’: Why Trump wants to ‘dismantle’ International Criminal Court


'Intolerable threat to US sovereignty': Why Trump wants to 'dismantle' International Criminal Court
A general view of the exterior of the International Criminal Court

The Donald Trump administration on Monday launched a sweeping campaign against the International Criminal Court (ICC), saying the tribunal poses a threat to US sovereignty by claiming the authority to investigate and prosecute American officials and military personnel.US Secretary of State Marco Rubio unveiled what the State Department described as a “whole-of-government response” aimed at “systematically disable(ing) the ICC’s ability to operate, target American servicemen or officials, or otherwise threaten American sovereignty.”“The ICC poses an intolerable threat to US sovereignty,” the State Department said in a statement, arguing that the court “claims the authority to prosecute and even imprison American servicemen and officials” even though the US has never ratified the Rome Statute, the treaty that established the ICC.As part of the campaign, Washington will step up diplomatic efforts to persuade countries to withdraw from the ICC, while also considering visa revocations, travel bans and expanded sanctions against ICC officials and affiliated organisations.According to the State Department, Rubio, senior diplomats and US ambassadors will urge foreign governments to reject what Washington described as the ICC’s “purported authority” over American citizens. Countries that host US military forces, cooperate with American law enforcement or benefit from US security assistance are also being called upon to reject the court’s jurisdiction over Americans. Nations that continue supporting the ICC while relying on US assistance could face increased scrutiny.In a video message, Rubio said the administration’s move was aimed at protecting the country’s right to govern and prosecute its own citizens.“For 250 years, Americans have governed ourselves as a free and sovereign people. We choose our own leaders, we determine our own laws, and when we’re accused of a crime, we stand for judgment before a jury of our own peers,” he said, calling it “the essential and indispensable feature of our form of government.”Rubio argued that the ICC had evolved into “a global tribunal staffed by unelected globalist bureaucrats who claim their power is almost unlimited,” adding that it now threatens “every aspect of our political and legal system.”“The American people never agreed to any of this, and they never will,” he said. “If they believe they can deprive us of our sovereignty, we will teach them the full meaning of American resolve.”Rubio also elaborated on the administration’s position in an opinion piece published in The Wall Street Journal, arguing that the ICC had expanded far beyond its original mandate as a court for prosecuting genocide, war crimes and crimes against humanity.“Most of us would struggle to imagine a world in which US soldiers, police officers, Border Patrol agents and elected leaders could be dragged before an international court,” Rubio wrote, adding that this was “what the International Criminal Court now claims the power to do.”He said successive US administrations had rejected the court’s jurisdiction over Americans, noting that former President Bill Clinton never submitted the Rome Statute for Senate ratification and that Congress later passed the American Servicemembers’ Protection Act to shield US personnel from ICC prosecution.Rubio also cited the ICC’s 2020 investigation into alleged war crimes by US forces in Afghanistan, calling it “the opening move in the assault against American self-government.”Warning that the court could eventually target Border Patrol agents, military personnel and federal prosecutors, Rubio argued that accepting the ICC’s authority would amount to surrendering US sovereignty.“The Trump administration will always protect American service members from this threat,” he wrote. “Using all the tools at our government’s disposal… we will dismantle the ICC—brick by brick, if necessary.”

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