The Justice Department said the United States will reject and oppose any ICC effort to investigate, summon, detain, transfer or prosecute U.S. citizens.
By yourNEWS Media Newsroom
The Justice Department has notified the International Criminal Court that the United States does not recognize the tribunal’s authority over American citizens and will not assist with any ICC investigation, proceeding, inquiry or summons involving U.S. persons.
Acting Attorney General Todd Blanche delivered the position in a June 29 letter to the court’s president, stating that the United States has never joined the Rome Statute, the treaty that created the ICC, and has not consented to the court’s jurisdiction.
“The United States is not a party to the Rome Statute and has never consented to the ICC’s authority,” the letter said.
Blanche said the U.S. position rests on a basic principle of international law: a treaty cannot impose obligations on a country that has not agreed to be bound by it.
“As a matter of international law, a treaty cannot bind a non-consenting country,” Blanche said.
“Accordingly, the ICC has no jurisdiction over U.S. persons—anywhere in the world—and any attempt to assert such authority is illegitimate, unlawful, and a direct affront to the sovereignty of the United States.”
The letter marks a renewed formal rejection of ICC jurisdiction over Americans at a time when the court’s conduct and authority remain under scrutiny in Washington. Blanche accused the court of operating in an increasingly “lawless and illegitimate manner,” saying it has repeatedly attempted to extend jurisdiction over nations that have not consented to its authority. He also said some of the court’s investigations appear to be influenced, in part, by “political pressure and institutional self-interest.”
President Donald Trump had already moved against the ICC earlier this year. On Feb. 6, 2025, he issued an executive order authorizing sanctions tied to what he described as the court’s bias against Israel and the United States. In that order, Trump said the ICC had sought to impose jurisdiction and open preliminary investigations involving personnel from the United States and allied nations.
At the time, the ICC had issued arrest warrants for two Israeli officials, including Israel’s prime minister, in connection with Israel’s actions in Gaza following Hamas’s Oct. 7, 2023, attack against Israel.
“The ICC’s recent actions against Israel and the United States set a dangerous precedent, directly endangering current and former United States personnel, including active service members of the Armed Forces, by exposing them to harassment, abuse, and possible arrest,” Trump said.
Blanche also cited allegations of internal misconduct at the court, saying they raise “serious doubts” about the ICC’s impartiality, legitimacy and credibility. Last month, the court’s governing body announced that chief prosecutor Karim Khan had been suspended pending a vote by member states after an investigation into sexual harassment accusations.
The Justice Department letter further pointed to the American Servicemembers’ Protection Act, which Congress passed in 2002. Blanche said the law made the U.S. position “unmistakably clear” by expressly rejecting ICC jurisdiction over Americans, barring U.S. cooperation with the court and authorizing the president to use “all means necessary and appropriate” to secure the release of any American detained because of an ICC warrant or request.
“This authority will be taken seriously and, if required, fully exercised to protect our people,” Blanche wrote.
Blanche said the United States will not cooperate with any ICC inquiry, investigation, proceeding or summons; will not extradite or transfer any American to the court; and will “actively oppose” efforts by other nations to do so.
The ICC, based in The Hague, Netherlands, was established after the Rome Statute entered into force in 2002. The court has jurisdiction among member states over genocide, war crimes, crimes against humanity and crimes of aggression. A total of 125 nations are members of the ICC.
The court has issued 61 arrest warrants since its creation. Twenty-two people have been detained and appeared before the court through cooperation from member states. Those held by the court are kept at the ICC Detention Center inside a Dutch prison complex.
The court has issued arrest warrants for several prominent political figures, including Israeli Prime Minister Benjamin Netanyahu, former Israeli Defense Minister Yoav Gallan, Russian President Vladimir Putin and former Philippine President Rodrigo Duterte.
Blanche’s letter was sent shortly after three sitting ICC judges filed a lawsuit in the U.S. District Court for the Southern District of New York challenging Trump’s Feb. 6 executive order, according to a June 24 statement from the Open Society Justice Initiative.
Trump’s order said the United States would impose “tangible and significant consequences” on individuals responsible for what the administration described as ICC transgressions. The order applied to officials, agents and employees of the court, as well as immediate family members, and included measures such as blocking property and assets and suspending entry into the United States.
Open Society said eight ICC judges have been sanctioned under the Trump administration. Three of them are plaintiffs in the lawsuit: Kimberly Prost of Canada, Reine Alapini-Gansou of Benin and Solomy Bossa of Uganda. Each has served on ICC judicial panels handling matters connected to Palestinian issues or Afghanistan.
“Targeting international judges for carrying out their judicial duties is an unprecedented attack on judicial independence and the rule of law,” said James A. Goldston, executive director of the Open Society Justice Initiative.
The dispute over the ICC also follows sanctions involving U.N. Special Rapporteur Francesca Albanese. In May, the U.S. Department of the Treasury reimposed sanctions on Albanese after a judge temporarily blocked enforcement of sanctions against her.
Albanese has repeatedly accused Israel of committing genocide in Gaza. In July 2025, when she was first placed under sanctions, Secretary of State Marco Rubio said Albanese spread “unabashed antisemitism, expressed support for terrorism, and open contempt for the United States, Israel, and the West.”
Albanese has denied allegations of anti-Semitism.
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