Rubio Pressures US Allies To Cut Ties With International Criminal Court or Face Sanctions and Visa Bans

US Secretary of State Marco Rubio has launched a campaign to pressure US allies to distance themselves from the International Criminal Court (ICC), while an unnamed State Department official suggested that countries refusing to reject the tribunal's authority could face increased scrutiny, that may include sanctions such as visa revocations and diplomatic pressure.

The Trump administration is targeting nations that partner with US law enforcement, host American military forces or benefit from the broader US security umbrella, urging them to reject what Washington describes as the ICC's purported authority to prosecute US officials and service members.

The administration is considering a range of measures, including increased sanctions against the ICC and affiliated organisations, aimed at persuading countries to withdraw from the tribunal or refuse to recognise its authority over Americans.

'Nations that refuse to reject the ICC's false authority while relying on US assistance are likely to come under increased scrutiny,' a State Department official said.

The State Department added that 'No diplomatic option will be off-limits in the campaign to dismantle the threat posed by the ICC to Americans', as Washington seeks to isolate the court through diplomatic and economic pressure.

Rubio Intensifies Campaign Against ICC

Rubio outlined the administration's position in an opinion article published on Monday, arguing that the ICC had moved beyond its original purpose of prosecuting the world's gravest offences and had become 'something far more radical and extreme'.

In a video message, Rubio accused the ICC and its supporters of waging a campaign against the United States through international law rather than military force.

'As we speak, the ICC and its friends are waging a war against our country, not with bullets and missiles, but with statutes, compacts, and the force of so-called international law,' Rubio said.

He warned that Border Patrol agents, Marines, prosecutors handling terrorism cases and elected leaders could face prosecution by international judges if the court's authority continued to expand.

'If we stand idle, all of them will be at the mercy of foreign judges, thousands of miles away – facing the constant risk of prosecution and even imprisonment for the so-called "crime" of defending their own country,' Rubio said.

Rubio also cited calls from activists and others for the ICC to prosecute US personnel over the Trump administration's deportation of migrants and US strikes on boats that officials say were carrying narcotics.

A State Department official said Rubio and other senior US officials were working to diplomatically isolate the ICC and ensure the tribunal could not target Americans.

'We will watch with interest which nations join ranks with us against this threat to Americans who are willing to risk their lives to protect others,' the official said.

ICC Jurisdiction Dispute Drives US Opposition

The dispute centres on the ICC's ability to prosecute atrocity crimes committed on the territory of member states by nationals of non-member states. The court asserts jurisdiction when a member state is unable or unwilling to prosecute atrocities itself, while the United States has never been a member of the tribunal.

However, Kenneth Roth, former executive director of Human Rights Watch, disputed Rubio's characterisation of the court's powers.

'The ICC is not claiming jurisdiction over conduct in the United States,' Roth said, arguing that other nations have the sovereign right to invoke the court for crimes committed on their territory.

Although ICC prosecutors opened an investigation in Afghanistan in 2020 that included possible crimes by US troops, they have since 2021 deprioritised the role of the United States and focused instead on alleged crimes committed by the Afghan government and Taliban forces.

Rubio's campaign builds on the Trump administration's previous actions against the ICC. Six weeks into his second term, Trump declared a national emergency over what he called the court's 'illegitimate and baseless actions targeting America and our close ally Israel' and imposed sanctions on Chief Prosecutor Karim Khan, his two deputies and six judges.

The administration later expanded its sanctions campaign to include UN Special Rapporteur Francesca Albanese and three Palestinian human rights groups. Last month, three ICC judges sued Trump and his administration, arguing the sanctions imposed against them were unlawful.

The Trump administration has made clear it will continue pressing allied governments to distance themselves from the ICC as part of its broader effort to diplomatically isolate the tribunal.