Donald Trump and the International Criminal Court

Historical Background

It has been 50 years since the United Nations first recognized the need to establish an international criminal court, to prosecute crimes such as genocide. On December 9, 1948, the General Assembly, “Recognizing that at all periods of history genocide has inflicted great losses on humanity; and being convinced that, in order to liberate mankind from such an odious scourge, international co-operation is required, adopted the Convention on the Prevention and Punishment of the Crime of Genocide.” The ICC, which was established in 2002, has international jurisdiction to prosecute genocide, crimes against humanity, and war crimes in member states (countries) or if a situation is referred by the U.N. Security Council.

“In the prospect of an international criminal court lies the promise of universal justice. That is the simple and soaring hope of this vision. We are close to its realization. We will do our part to see it through till the end. We ask you . . . to do yours in our struggle to ensure that no ruler, no State, no junta and no army anywhere can abuse human rights with impunity. Only then will the innocents of distant wars and conflicts know that they, too, may sleep under the cover of justice; that they, too, have rights, and that those who violate those rights will be punished.”  — Kofi Annan, United Nations Secretary-General

The Roman Statute (named for its introduction in Rome, Italy) establishing the ICC was signed by 125 countries.  Former President Bill Clinton signed the Rome Statute in December 2000, but according to official documentation, the U.S. government under the Bush administration, requested the country’s removal from the treaty before ratification.  Other non-signers included China, Russia, and Israel.  The United States did not sign the Rome Statute for several reasons, primarily related to concerns over the jurisdiction and effectiveness of the ICC.  The U.S. government also expressed fears that the court’s jurisdiction cold be politicized and that it might not be effective in preventing unwanted scrutiny of U.S. military personnel and officials. 

The ICC’s Role

The International Criminal Court (ICC) investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity, and the crime of aggression.  The Court is participating in a global fight to end impunity, and through international criminal justice, the Court aims to hold those responsible accountable for their crimes and to help prevent these crimes from happening again.  

Today the Court has over 900 staff members from approximately 100 States.  It is Headquartered in The Hague, the Netherlands. Since 2002, there have been 34 cases before the Court, with some cases having more than one suspect.  ICC judges have issued a total of 61 arrest warrants. Since 2002, thanks to cooperation from member countries, 22 people have been detained in the ICC detention center and have appeared before the Court. Thirty-two people remain at large. Charges have been dropped against 8 people due to their deaths.  ICC judges have also issued 9 summons to appear.  The judges have issued 13 convictions and 4 acquittals.

The Office of the Prosecutor is an independent organ of the Court. The Prosecutor conducts preliminary examinations and investigations, and is the only one who can bring cases before the Court. Defendants are entitled to public, fair proceedings that they can follow in a language they fully understand. Victims’ voices are heard in the Courtroom, as the Rome Statute grants victims unprecedented rights to participate in ICC proceedings. The ICC has a victim and witness protection program that uses both operational and procedural protective measures.

The Court engages in two-way dialogue directly with communities that have suffered from crimes under its jurisdiction, so that they can communicate directly with the Court and gain a sense of ownership in the judicial process. By supporting the Court, the countries that have joined the Rome Statute system have taken a stand against those perpetrators who, in the past, would have had no one to answer to after committing widespread, systematic international crimes. The ICC calls on all countries to join the fight against impunity, so that perpetrators of such crimes are punished, and to help prevent future occurrences of these crimes.  (UN International Criminal Court)

The Trump Administration’s Attack

The Trump administration’s dislike of the court goes back to his first term. The ICC was investigating possible war crimes committed by the United States, as well as the Taliban in Afghanistan.  As a result, in 2020, The Trump administration imposed sanctions on then-prosecutor Fatou Bensouda and one of her top aides over the court’s work. 

During his second term, on August 20, 2025, President Donald Trump’s administration again imposed sanctions on two judges and two prosecutors at the International Criminal Court, as Washington ramped up its pressure on the ICC over its targeting of Israeli leaders. Washington designated sanctions against Nicolas Yann Guillou of France, Nazhat Shameem Khan of Fiji, Mame Mandiaye Niang of Senegal, and Kimberly Prost of Canada, according to the U.S. Treasury and State Department. The designations freeze any U.S. assets the individuals may have and essentially cut them off from the U.S. financial system. All officials have been involved in cases linked to Israel and the United States.  In a statement, U.S. Secretary of State Marco Rubio called the court “a national security threat that has been an instrument for lawfare” against the United States and Israel.  ICC judges issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Israeli defense chief Yoav Gallant, and Hamas leader Ibrahim al-Masri last November for alleged war crimes and crimes against humanity during the Gaza conflict.  The ICC also has high-profile war crimes investigations under way in Sudan, Myanmar, the Philippines, and Venezuela.  (Humeyra Pamuk and Anthony Deutsch,  Reuters,  August 20, 2025)

 “The United States has been clear and steadfast in our opposition to the ICC’s politicization, abuse of power, disregard for our national sovereignty, and illegitimate judicial overreach,” Rubio said. “I urge countries that still support the ICC, many of whose freedom was purchased at the price of great American sacrifices, to resist the claims of this bankrupt institution.” Countering Rubio’s call to other countries to oppose the ICC, the court urged member states to stand in solidarity.  “The Court calls upon States Parties [countries] and all those who share the values of humanity and the rule of law to provide firm and consistent support to the Court and its work carried out in the sole interest of victims of international crimes,”

Both France and the United Nations said the judges’ work is crucial for international justice.  “Their role is essential in the fight against impunity,” a statement from the French Foreign Ministry said.  The U.S. sanctions undermine the foundation of international justice, U.N. spokesperson Stephane Dujarric said, adding: “The (U.S.) decision imposes severe impediments on the functioning of the office of the prosecutor.”  Netanyahu’s office issued a statement welcoming the U.S. sanctions.

Trump’s Pressure Campaign Against the ICC Reaches New Heights

On December 10, 2025, a U.S. official told Reuters that the White House pressured the International Criminal Court (ICC) to alter its founding document to prevent it from investigating U.S. President Donald Trump and his senior officials. These threats mark a significant escalation in Trump’s long-time campaign against the world’s war crimes tribunal at a time when legal experts are suggesting that the administration may have violated international law with U.S. military operations against alleged drug boats near Latin America.

The White House wants the court to alter the Rome Statute so Trump and his officials can’t be prosecuted.  The anonymous U.S. official did not specify which issues the Trump administration fears could become subject to an ICC investigation. However, the official said there was growing concern that “in 2029, the ICC will turn its attention to the president, to the vice president, to the secretary of war and others, and pursue prosecutions against them,” referring to Vice President J.D. Vance and Defense Secretary Pete Hegseth.

The timing of the renewed pressure campaign comes as the White House faces growing congressional pressure to release the full, unedited video of a Sept. 2 double-tap strike on an alleged drug trafficking boat in the Caribbean, in which a second strike killed two survivors of an initial U.S. attack.  According to the U.S. official, the Trump administration wants the ICC to also formally end its probe into U.S. military actions in Afghanistan as well as to drop its investigations of senior Israeli officials related to the war in Gaza.

The Trump administration has threatened to penalize more ICC officials and potentially sanction the court itself if its three demands are not met. (Alexandra Sharp, the World Brief writer at Foreign Policy)