Rubio Threatens to 'Teach the ICC'—Which Prosecutes War Crimes—the 'Full Meaning of American Resolve'

US Secretary of State Marco Rubio on Monday announced what he characterized as a "campaign to dismantle" the International Criminal Court, the Hague-based tribunal tasked with investigating and charging individuals with war crimes and other violations.

In a video posted to social media, Rubio accused the international court of "waging a war against our country—not with bullets or missiles, but with statutes, compacts, and the force of so-called international law." The top American diplomat threatened that the US "will teach the ICC the full meaning of American resolve."

The US State Department said in a statement that Rubio's new campaign against the ICC would "feature a whole-of-government response to systematically disable" the court's "ability to operate, target American servicemen or officials, or otherwise threaten American sovereignty." The US is not party to the Rome Statute, the 1998 treaty that established the ICC.

US President Donald Trump and his subordinates, who have been accused of myriad violations of international law, have adopted an increasingly aggressive posture toward the ICC since taking power last January.

In a February 6, 2025 executive order, Trump declared "a national emergency to address" the purported "threat" posed by the ICC and announced sanctions against court officials, including its judges. The president's order cited the ICC's "investigations concerning personnel of the United States and certain of its allies, including Israel," which is also not party to the Rome Statute.

In November 2024, the ICC issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu and his former defense minister, Yoav Gallant, for alleged war crimes committed in the Gaza Strip.

Rubio warned in an op-ed in The Wall Street Journal on Monday that US officials accused of international crimes could be next to face ICC action.

"Border Patrol agents working to remove violent criminals from our country, US Marines risking their lives to restore order in the Western Hemisphere, federal prosecutors working to dismantle terror networks plotting attacks on the American homeland—all would face the constant risk of persecution for the 'crime' of defending our country," Rubio wrote. "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."

Raed Jarrar, advocacy director of the human rights group Democracy for the Arab World Now (DAWN), said in response to Rubio's op-ed that "when the world’s most powerful country aims to dismantle the world’s only permanent international court, it sends the message that the powerful are above the law."

"It is not the ICC that Rubio is dismantling brick by brick, but the rules-based international order that grew out of the ashes of World War II,” said Jarrar. "Rubio’s attack doesn't just underscore US hypocrisy, but undermines access to justice across the globe, from Ukraine to Sudan and could amount to obstruction of justice, a crime under the Rome Statute in and of itself."

In his op-ed, Rubio pointed to DAWN's call earlier this year for Iran and other Middle East nations to grant the ICC jurisdiction to investigate apparent war crimes committed during the conflict launched in late February by Trump and Netanyahu.

Omar Shakir, DAWN's executive director, said Monday that Rubio mischaracterized the group's call as focusing solely on actions by US personnel. That move, said Shakir, "begs the question: Is the secretary of state worried because he knows US personnel committed war crimes in Iran?"

Under Rubio's plan, the State Department is threatening to impose "increased sanctions against the ICC and affiliated organizations," hit court personnel with "visa revocations and travel bans," and pressure other nations that aren't party to the Rome Statute to "leverage their diplomatic networks to take similar actions alongside" the Trump administration.

Kenneth Roth, the former executive director of Human Rights Watch who has demanded international accountability for the Trump administration over its illegal assault on Iran, wrote Monday that Rubio "can't even make an honest case for attacking the International Criminal Court."

"He makes it sound like the ICC acts out of the blue anywhere it wants when in fact it acts only against crimes committed on the territory of states that have invited it," Roth wrote. "He never explains why the United States should be able to commit crimes on the territory of those states with impunity, contrary to the desire of their sovereign governments for an international backstop to reinforce justice for such crimes."