According to Rubio, the U.S. never joined the court and does not need or want it. "For decades, Republicans and Democrats alike rejected the idea that the International Criminal Court had the power to prosecute American citizens, military service members, or political leaders," he said in the statement. The U.S. has opposed ICC efforts to investigate or prosecute American military and intelligence officers for actions in Afghanistan or other previous operations, officials said.
Background: U.S. Opposition and 2025 Executive Order
Neither the United States nor Israel is a party to the Rome Statute, which established the ICC in 2002. In February 2025, President Donald Trump signed an executive order authorizing sanctions against the ICC over alleged bias against Israel and the United States [1].
The move came after the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant over Israel's military campaign in Gaza following the Hamas attack on Israel on Oct. 7, 2023.
The State Department said the latest sanctions build on the president's order, which has already sanctioned 17 individuals [2]. The measures represent a significant escalation in Washington's campaign against the tribunal, expanding restrictions from individual officials to the institution itself [3].
ICC Response
ICC Deputy Prosecutor Nazhat Shameem Khan condemned the U.S. sanctions, saying they are intended to undermine the rule of law internationally and the work of an independent judicial institution.
The ICC has said the U.S. measures are aimed at disrupting the court's operations and at intimidating those who work for or cooperate with the court, adding that it will continue to "fully discharge its mandate" [4].
Tomoko Akane, the president of the ICC, urged member nations to actively defend the institution. "This is not just about defending a single institution, but about safeguarding the international order grounded upon the rule of law," Akane said in a video statement [5].
International Reaction
The foreign ministers of Canada, Denmark, Germany, France, Italy, Japan, the Netherlands and the United Kingdom issued a joint statement criticizing the U.S. sanctions.
The joint statement did not announce specific countermeasures but reflected concerns from ICC member states, officials said. The European Union condemned the sanctions as "deeply regrettable" and pledged to take "any necessary measures" to ensure The Hague-based tribunal can continue its work [6].
United Nations Secretary-General Antonio Guterres said he was "deeply alarmed by the expected impact" of the measures. "Today's decision marks a serious blow to our collective pursuit of international criminal justice, of which the ICC is a key pillar," his spokesman, Stephane Dujarric, told reporters [7].
Scope and Implementation of Sanctions
U.S. individuals are prohibited from conducting transactions with the ICC without specific authorization. The U.S. Department of the Treasury added the entire court to its Specially Designated Nationals list, a move that imposes financial punishment on any entity that does business with the ICC [8].
The sanctions could ultimately see the ICC unable to try cases, meaning detainees awaiting trial or judgment could have to be released [9].
Outlook and Continuing Dispute
Rubio said either the ICC will end its threats or the U.S. will end the ICC, according to his statement [10].
Critics of the court have raised concerns about its record. Nigerian investigative journalist David Hundeyin told RT that the ICC disproportionately targets Africans, claiming that Africans account for more than 90% of those prosecuted under the Rome Statute [11].
The dispute continues as the ICC's member states weigh their response and the U.S. maintains its position that the court has no jurisdiction over American citizens.
References
- Imposing Sanctions on the International Criminal Court. https://www.whitehouse.gov/presidential-actions/2025/02/imposing-sanctions-on-the-international-criminal-court/
- Imposing Sanctions on the International Criminal Court. https://www.state.gov/releases/office-of-the-spokesman/2026/10/imposing-sanctions-on-the-international-criminal-court/
- US sanctions International Criminal Court itself in latest... | Al Jazeera. https://www.aljazeera.com/news/2026/10/9/us-sanctions-international-criminal-court-itself-in-latest-escalation
- US hits ICC with sanctions hours after Pillay's Nobel win - TRT World. https://www.trtworld.com/article/117e5a2f82d6
- History will judge this moment': ICC urges member states to defend the institution. https://www.middleeasteye.net/live-blog/live-blog-update/history-will-judge-moment-icc-urges-member-states-defend-institution
- EU vows to protect ICC after US sanctions as governments rally behind court. https://www.middleeasteye.net/live-blog/live-blog-update/eu-vows-protect-icc-after-us-sanctions
- UN chief condemns US sanctions on ICC as international backlash grows. https://www.middleeasteye.net/live-blog/live-blog-update/un-chief-condemns-us-sanctions-icc-international-backlash-grows
- US Imposes New Sanctions on International Criminal Court. https://www.bloomberg.com/news/articles/2026-10-09/us-adds-sanctions-to-international-criminal-court
- US unveils sanctions on ICC in move court condemns as assault on rule .... https://www.bbc.com/news/articles/cj20vkkx3rdvo
- US imposes new sanctions on international criminal court. https://www.theguardian.com/us-news/2026/oct/09/sanctions-icc-trump
- Africans are disproportionately targeted by the ICC – investigative journalist. https://www.rt.com/africa/646994-icc-accused-of-targeting-africans/?utm_source=rss&utm_medium=rss&utm_campaign=RSS
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