Why the US Wants to Dismantle the International Criminal Court: 'We Will Take It Apart Brick by Brick'

U.S. Secretary of State Antony Blinken has escalated his rhetoric against the International Criminal Court (ICC) in The Hague, issuing threats that could have significant repercussions for the institution. This heightened stance signals a strategic and coordinated effort by the U.S. to undermine the court's authority and operations.

The U.S. Department of State has outlined several instruments it is considering in its campaign against the ICC. These potential measures include imposing travel bans on ICC employees and intensifying sanctions against the court and associated organizations. Reports also suggest the U.S. might increase scrutiny over nations that refuse to reject the ICC's "false authority" while simultaneously accepting American aid.

“

The U.S. is considering measures like travel bans for ICC employees or to tighten sanctions against the court and related organizations.

While the U.S. has previously exerted pressure on the ICC, this new approach has drawn global attention from international law experts. Andreas Schüller, deputy head of the International Crimes and Legal Responsibility program at the European Centre for Constitutional and Human Rights (ECCHR) in Berlin, noted that the U.S. has been diplomatically pressuring other states for over a year to alter their positions and voting regarding the ICC. "The fact that this is now being declared a campaign further shows that it is a strategically thought-out approach, that the scope is broader, and that other states that are not members of the ICC are also being sought to be included to exert pressure," Schüller told DW.

The United States is not a member of the ICC, meaning crimes committed on U.S. territory cannot be prosecuted there. However, the ICC asserts jurisdiction when individuals are accused of crimes committed on the territory of a member state. This basis has led to arrest warrants for figures such as Russian President Vladimir Putin and Israeli Prime Minister Benjamin Netanyahu. The existence of the ICC itself stems from historical lessons, with the Nuremberg trials after World War II marking a foundational moment for international criminal law, followed by tribunals for the former Yugoslavia and Rwanda in the 1990s.

“

The fact that this is now being declared a campaign further shows that it is a strategically thought-out approach, that the scope is broader, and that other states that are not members of the ICC are also being sought to be included to exert pressure.