Ololade Adeyanju/
United States Secretary of State, Marco Rubio, has declared that Washington will work to dismantle the International Criminal Court, marking one of the Trump administration’s most far-reaching challenges yet to the post-Cold War international legal order.
The campaign sets up a deeper confrontation between the world’s most powerful nation and the global tribunal established to prosecute genocide, war crimes, crimes against humanity and the crime of aggression, with potentially far-reaching implications for international justice and the future of the rules-based global order.
Writing in a Wall Street Journal opinion article titled, ‘Why We’re Dismantling the International Criminal Court’, Rubio argued that the ICC had evolved beyond its original mandate and now posed what he described as a direct threat to American sovereignty.
“America never agreed to a world tribunal that can override our own courts and the Constitution,” Rubio wrote, warning that US soldiers, law enforcement officers, Border Patrol agents and elected officials could face prosecution before an international court despite the United States never ratifying the Rome Statute establishing the ICC.
Rubio said the administration would use every diplomatic, economic and political tool available to weaken the court.
“Using all the tools at our government’s disposal, working beside every ally with whom we can make common cause, we will dismantle the ICC – brick by brick, if necessary,” he wrote.
The campaign represents a significant escalation in Washington’s long-running opposition to the Hague-based court.
The United States signed but never ratified the Rome Statute and has consistently argued that the ICC should not exercise jurisdiction over nationals of countries that are not parties to the treaty.
According to the State Department, the administration intends to combine sanctions, visa restrictions and diplomatic pressure to reduce the court’s ability to operate while urging allies to reject any attempt by the ICC to assert jurisdiction over American personnel.
The renewed offensive follows years of mounting friction between Washington and the ICC over investigations into alleged crimes in Afghanistan and the court’s arrest warrants against Israeli Prime Minister, Benjamin Netanyahu and other Israeli officials, actions strongly opposed by the Trump administration.
The move has drawn criticism from legal scholars and human rights organisations, who argue that dismantling the world’s only permanent international criminal tribunal would weaken global accountability for atrocities and undermine the rules-based international order established after the Second World War.
Several experts have also challenged Rubio’s legal arguments, noting that the ICC’s jurisdiction is generally limited to crimes committed on the territory of member states or situations referred by the United Nations Security Council, rather than representing a universal authority over all countries.
European leaders have also pushed back against Washington’s position, describing threats against the court as unacceptable and reaffirming support for the ICC as an independent judicial institution.
The administration’s campaign comes at a turbulent moment for the ICC itself. The court is facing internal upheaval following the removal of Chief Prosecutor, Karim Khan, over misconduct allegations, adding further uncertainty as it confronts unprecedented political pressure from the United States.
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