Trump called on all countries that belong to the International Criminal Court (ICC) to withdraw from the tribunal on Tuesday, escalating his administration’s confrontation with the institution during an address to the United Nations General Assembly in New York.
“The United States is equally opposed to the out-of-control institution known as the International Criminal Court,” Trump told world leaders. He then urged ICC members to “officially resign from this rogue institution immediately.”
The ICC, headquartered in The Hague, is responsible for prosecuting individuals accused of some of the world’s gravest international crimes, including genocide, war crimes and crimes against humanity. Unlike a national court, it is designed to pursue individuals rather than states.
The United States is not a member of the ICC and has never ratified the Rome Statute, the treaty that created the court. Israel, Russia and China are also outside the court’s membership.
Trump’s remarks come as tensions between Washington and the ICC have sharpened under his administration. US Secretary of State Marco Rubio has repeatedly criticised the court, arguing that its actions can threaten US sovereignty. The administration has also imposed sanctions on ICC officials.
The dispute has become particularly pronounced over the court’s proceedings involving Israeli Prime Minister Benjamin Netanyahu, a close US ally. The ICC issued an arrest warrant for Netanyahu, prompting strong opposition from Washington and adding another point of friction between the court and the US government.
Speaking at the UN, Trump said the United States would not accept the ICC exercising jurisdiction over American personnel. He accused the court of pursuing an agenda against the United States and said Washington would “never allow US service members or anyone else to be investigated or given show-trials by an anti-American tribunal with no jurisdiction over us.”
The Trump administration’s position is that the ICC cannot exercise authority over the United States because the country is not a party to the Rome Statute. The question of jurisdiction, however, is more complicated than membership alone.
Under the Rome Statute, the ICC can in certain circumstances investigate alleged crimes committed on the territory of a country that has accepted the court’s jurisdiction, even when the person accused is a national of a country that is not a member of the court. The court’s authority can therefore extend beyond the nationality of an accused person in specific cases.
That distinction has been central to the wider dispute over the ICC’s reach. Washington has consistently rejected the court’s authority over US personnel, while the tribunal maintains that its jurisdiction can arise from circumstances set out in the Rome Statute.
Trump’s latest appeal to ICC member states therefore goes beyond a renewed criticism of the court. It represents a broader effort by his administration to challenge the institution’s legitimacy and resist its investigations involving US personnel and officials from countries allied with Washington.
The confrontation also places the United States at odds with an international judicial institution that was established to hold individuals accountable for serious crimes when national legal systems are unwilling or unable to do so. Trump’s remarks signal that his administration intends to continue opposing the court’s activities rather than accept its authority in cases involving the United States or its allies.
