The Trump administration has demanded the International Criminal Court (ICC) to amend its founding treaty, a US official told Reuters, as Washington aims to shield President Donald Trump and his top officials from any potential future prosecutions by the court.
Furthermore, the administration concurrently threatened new, severe US sanctions against the court if it refuses to comply with this demand.
The unnamed official explained that the administration set two other crucial conditions necessary for avoiding these escalating penalties. Consequently, the ICC must also formally terminate its earlier probe into the actions of US troops during the war in Afghanistan, a case previously deprioritized but never officially closed.
In addition, the US administration demands that the court drop investigations targeting Israeli leaders related to alleged war crimes during the Gaza conflict last year.
Escalating the US Campaign
The Trump administration official, who spoke on the condition of anonymity, confirmed Washington communicated these sweeping demands to ICC member states, several of whom remain strong US allies. Notably, this urgent demand and the serious threat to resume the aggressive US sanctions campaign toward the court had not been previously reported by any major news outlet.
Ultimately, sanctioning the ICC as an entity would significantly escalate the long-standing US campaign against the tribunal, which many in both parties criticize for infringing upon American sovereignty.
The US previously slapped sanctions on nine ICC officials, including prosecutors and judges, to force the war tribunal to drop these charges earlier this year. However, imposing sanctions directly on the court as an entity would severely disrupt its basic operations, from affecting staff pay to blocking access to bank accounts and routine office software.
Concerns Over Future Prosecutions
Addressing the motivation behind this urgent push for immunity, the administration official cited fears of future accountability. The official stated, “There is 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.” The official firmly declared this potential action “is unacceptable, and we will not allow it to happen.”
However, amending the Rome Statute to grant blanket immunity presents a difficult and prolonged process, requiring approval from two-thirds of the ratifying countries. When Reuters inquired, the ICC’s public affairs unit responded, “Amendments to the Rome Statute are within the prerogative of States Parties.”
They declined to address whether Washington had specifically reached out to seek prosecution immunity for Trump. The ICC is the world’s permanent war crimes tribunal with 125 member states, excluding major powers like the United States, China, and Russia.
