Secretary of State Marco Rubio has launched a rhetorical assault on the International Criminal Court (ICC), vowing to “dismantle” it as a supposed threat to US sovereignty.
His rationale, however, is built on fiction and aims to secure impunity for war crimes.
In a Wall Street Journal op-ed and a video posted on X, Rubio conjured a dystopian scenario where local American officials—police officers or border patrol agents—could be dragged before an international court.
This is utterly false: the ICC has no jurisdiction over crimes committed in the United States.
The court can only prosecute crimes committed on the territory of its member states or by their nationals.
Unless US officials commit war crimes abroad, they face no risk from the ICC.
Selective Outrage Over International Law
Rubio’s attack on international law is ironic.
He invoked it to condemn Iran for charging fees for ships passing through the Strait of Hormuz, even as Trump briefly threatened to do the same.
This reveals the administration’s view: international law is a weapon to use against others, not a constraint on itself.
Rubio also described the ICC as “run” by “hostile Third World governments,” ignoring that most of its 125 members are European allies.
The most abusive governments avoid joining precisely because they fear prosecution.
The real objection is to the ICC’s territorial jurisdiction, which allows it to prosecute war crimes committed on the soil of member states, even if the perpetrator is from a non-member country.
Trump wants the freedom to commit atrocities with impunity.
The Israel Exception
US support for the ICC has been selective.
When the court used territorial jurisdiction to charge Vladimir Putin for crimes in Ukraine, the Biden administration applauded.
But when the same principle was applied to Israeli leaders for actions in Gaza, Washington was outraged.
This double standard underscores the administration’s true goal: to ensure that US officials and allies are never held accountable.
Territorial jurisdiction is essential for justice in conflicts involving Rwanda, the UAE, and others.
Rubio’s promised “frontal assault” on the ICC—including sanctions on court personnel—is unlikely to convince anyone.
It merely highlights the risk that Trump officials might face justice for war crimes committed in ICC member states.
