The US, further complicating already tense international relations, is pushing for a “systematic dismantling” of the International Criminal Court, urging NATO members to abandon the Rome Statute, writes Politico.
According to three anonymous NATO diplomats, at a closed meeting of ambassadors from 32 NATO member states in Brussels in July, US envoy Matthew Whitaker asked for the alliance’s help in dismantling the ICC and called for abandoning the Rome Statute. Whitaker reportedly concluded his speech by saying that Americans would be careful who supported them.
The pressure to leave the ICC is part of a broader campaign by US President Donald Trump’s administration against international institutions and rules that it sees as restricting US freedom of action. The campaign is driven by US concerns that its officials could be tried for war crimes. The White House is also moving to withdraw from the Paris Climate Agreement, has pulled the US out of the World Health Organization and the UN Human Rights Council, and has pressured companies to withdraw from the Space Summit in Paris. The White House has also launched a series of trade spats.
In addition to Whitaker’s comments, the US mission to NATO issued a statement saying the US would systematically dismantle the ICC’s capabilities and called for steps to withdraw from the Rome Statute. It also called on allies to assess the risks posed by the ICC to their countries, publicly condemn the court’s abuse of power and end support for the ICC. The document says the ICC’s charade must be ended immediately and permanently. Although NATO is not a signatory to the Rome Statute, all alliance members except Turkey and the US have ratified it.
Opposition to the ICC was launched this summer by US Secretary of State Marco Rubio,
who accused the court of undermining US sovereignty. He said on the 13th of July that the ICC and its friends were waging war on the US, not with bullets or missiles, but with the force of statutes and so-called international law. Rubio added that if the court believes it can take away US sovereignty, Americans will show the extent of their resolve.
The ICC was established in 2002 to try individuals accused of the most serious international crimes, including genocide and war crimes. The last investigation against US officials was launched in 2020, when the ICC opened a case into alleged war crimes committed by US soldiers in Afghanistan. The case lost priority a year later. The ICC is now facing calls to investigate US attacks on boats in the Caribbean, which the Americans say are part of a fight against drug trafficking.
The US campaign marks a sensitive moment for NATO. The alliance has been strained by the refusal of many European countries to join Trump’s war on Iran, drawing Trump’s ire. Washington also rattled the alliance when Trump threatened to take over the Danish territory of Greenland. The alliance managed to bridge the gap at an annual summit in Ankara, but just days later, the US demand to dissolve the ICC renewed tensions. One NATO diplomat said Whitaker’s comments were “quite shocking,” while another added that they were “disappointing.”
Diplomats said that in response to Whitaker’s remarks,
France and the Netherlands defended the ICC and made it clear that they opposed the court’s dissolution.
The US delegation to NATO did not respond to a request for comment. The French delegation declined to comment on the situation, but stressed its support for the ICC. The Dutch delegation referred to the country’s Foreign Minister Tom Berendsen as saying that the Netherlands fully supports the ICC.
American envoys also spoke of the dual position of European countries. The US State Department said it was determined to closely monitor countries that refuse to “reject the ICC’s false authority” while relying on US assistance. In August, Washington imposed sanctions on top officials of the ICC.
An ICC spokesman said the court remains focused on the independent and unbiased exercise of its mandate, as set out in the Rome Statute, to protect victims and ensure justice.
The campaign against the ICC comes against the backdrop of other US efforts. Washington is trying to get Canada and Europe to take greater responsibility for their own defense. A survey sent to NATO countries in August, asking for their opinions on US foreign policy, including in the Middle East, is being seen as an effort to force them to align with US views in exchange for defense assistance.
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