Reuters, citing an unnamed White House official, reports that if the court doesn’t listen to American demands, including dropping investigations into war crimes by Israel in Gaza and U.S. troops in Afghanistan, the Trump administration could sanction more ICC officials as well as the entire court.
In March 2020, ICC prosecutors opened an investigation in Afghanistan that included possible crimes by the U.S. military. In 2021, the court deprioritized, but never closed, the investigation, and apparently the Trump administration is worried.
Even under the Biden administration, the U.S. was hostile to the ICC, with Biden calling the arrest warrants for Gallant and Netanyahu “outrageous,” even though Israel has killed at least 69,000 Palestinians in Gaza since 2023. But so far, the ICC has resisted pressure campaigns from the U.S., rejecting American demands last week.
The U.S. is not a signatory or party to the Rome Statute that created the court in 2002, although many of its allies around the world are. Changing the document would require a two-thirds vote from all of the 125 countries that ratified the Rome Statue, which gives the ICC a mandate to prosecute individuals for crimes committed by them or under their command on the territory of a member state, including sitting heads of state. Trump doesn’t want to be one of them.
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