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One critic said he hopes the Hague-based tribunal will investigate the Trump administration's "illegal, unproven, expensive, destructive, and pointless boat strikes."
US Defense Secretary Pete Hegseth on Wednesday urged Latin American governments to quit the International Criminal Court, accusing the Hague-based tribunal of plotting to prosecute American and allied military personnel while defending the Trump administration’s increasingly aggressive—and, experts say, illegal—campaign against alleged drug traffickers.
"We are working together, we are building together, and we are training together," Hegseth said during a speech in Panama at a gathering of the Americas Counter Cartel Coalition (ACCC), a group of mostly right-wing regional governments. "We are killing terrorists. And we're defeating the failed and toxic ideologies of radical socialism and communism."
"Now, speaking of socialism, make no doubt about it, the international left, along with their enabling left-wing media, is plotting to unlawfully assert International Criminal Court jurisdiction over US and partner military personnel and operations," Hegseth asserted, offering no evidence or explanation to support his claim.
Legal experts, including former US military Judge Advocate General Corps attorneys, have argued that aspects of the Trump administration's bombings of boats allegedly smuggling drugs in the Caribbean Sea and Pacific Ocean—particularly Hegseth's alleged order to "kill everybody" and follow-up attacks targeting survivors—may constitute unlawful extrajudicial killings and war crimes. More than 220 people have been killed in at least 66 such strikes over the past 11 months, with survivors, victims' relatives, and regional governments claiming at least some of those killed were fishers with no narco-trafficking ties.
Hegseth has also been accused of promoting war crimes in the illegal US-Israeli war of choice on Iran by vowing that US forces would not be bound by "stupid rules of engagement," threatening to destroy critical Iranian civilian infrastructure like power plants and bridges, and by boasting that US forces were delivering "death and destruction from the sky all day long" as airstrikes killed hundreds of civilians, including 156 students and staff massacred at an elementary school in Minab on February 28.
"To be clear, there is no legitimate basis for the ICC's lawless power grab that they will entertain anywhere they can in the world," Hegseth said in Panama. "Our efforts in this effort are 100% lawful under the laws of armed conflict. It's striking that this so-called court and other globalist bodies undermine our efforts but do nothing to hold real terrorists and real tyrants accountable. And that's why the ICC poses a threat to your national sovereignty, your constitutional mandates, and the national interests of your people—just as it does ours."
"That's why I strongly encourage every ACCC member to leave the ICC, and reject their attempts to rob your governments and your courts of your sovereignty," he added. "I know as a soldier, I swore an oath to the Constitution, not some fake and illegitimate international court."
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Trump's assault on the ICC, which began during his first administration, has escalated during his second term. In February 2025, the president issued an executive order declaring a national emergency over the ICC and authorizing sanctions against court personnel involved in investigations concerning the United States and Israel—two of whose leaders are fugitives from the tribunal.
In November 2024, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for alleged crimes against humanity and war crimes in Gaza, including murder and forced starvation. The court also ordered the arrest of three Hamas leaders for the same categories of crimes allegedly committed during and after the October 7, 2023 attack on Israel, but Israeli forces extrajudicially assassinated all three of the men.
The warrants for the Israeli leaders incensed the Trump administration, which responded with sanctions and threats.
Last month, Secretary of State Marco Rubio announced a "campaign to dismantle" the ICC, promising to “teach” the court "the full meaning of American resolve." The State Department, meanwhile, said the campaign would seek to “systematically disable” the tribunal’s ability to operate or target US personnel.
The US is not a party to the Rome Statute governing the ICC. However, the treaty states that individuals from nonsignatory nations can be held liable for crimes committed in the territory of a member state, a situation applicable in Palestine, which is an ICC member, while Israel is not.
US disdain and animosity toward the ICC long predates Trump's presidencies. During the administration of George W. Bush, the US passed the American Service Members’ Protection Act—also known as the Hague Invasion Act—which authorizes the president to use “all means necessary and appropriate,” including military intervention, to secure the release of American or allied personnel held by or on behalf of the ICC.
The Trump administration is seeking to persuade countries to abandon the ICC.
Chad and Venezuela—where Trump ordered a January invasion to abduct President Nicolás Maduro and his wife—have announced plans to withdraw, with Chad saying its decision followed a call from a senior US diplomat. The ICC’s Assembly of States Parties has urged both countries to reverse course, warning that the departures threaten the global fight against impunity. The two nations join Burkina Faso, Mali, and Niger, which also initiated ICC withdrawals in 2026.
Only Burundi and the Philippines have actually completed withdrawals from the Rome Statute. Hungary, meanwhile, reversed its planned departure this year after voters ousted longtime right-wing Prime Minister Viktor Orbán.
Hegseth’s Panama appearance coincided with Colombia becoming the ACCC’s 19th member, as new right-wing President Abelardo de la Espriella requested joint US-Colombian military operations against drug cartels and trafficking.
The alignment marks a sharp turn from the government of former leftist President Gustavo Petro, which repeatedly criticized Trump administration boat strikes and supported the South African-led genocide case against Israel currently before the International Court of Justice, also in The Hague.
Such cooperation has led to US intervention in Ecuador's war on drugs. US and Ecuadorian forces are carrying out Operation Total Extermination, a joint counternarcotics operation beset by allegations of human rights violations, including arbitrary detention, torture, and destruction of civilian property.
Responding to reporting, University of Virginia researcher and doctoral student Joseph Bouchard wrote on X that the "ICC may investigate the US's illegal, unproven, expensive, destructive, and pointless boat strikes."
"They should, and hopefully hold these criminals accountable," he asserted. "They are killing hundreds of fishermen for no reason beyond cruelty."