February 6, 2025
The International Criminal Court Goes Too Far
A ruling that could lead to the prosecution of U.S. citizens prompts a harsh response from Washington, and a moment of rare bipartisan agreement.
A ruling that could lead to the prosecution of U.S. citizens prompts a harsh response from Washington, and a moment of rare bipartisan agreement.

The U.S. government’s battle with the International Criminal Court reached a fever pitch Thursday morning, when the president issued an executive order subjecting its staff to visa restrictions and asset freezes. Since 2017, the ICC has investigated U.S. treatment of detainees in Afghanistan and CIA detention sites located in Lithuania, Poland, and Romania, alleging “acts of torture, cruel treatment, outrages upon personal dignity, rape and sexual violence.” Although the ICC’s Pre-Trial Chambers denied a request to open a formal investigation into these allegations in 2019, ICC prosecutor Fatou Bensouda won an appeal from the court’s Appeals Chamber to begin one in March.

U.S. officials have variously regarded the ICC with skepticism or treated it with downright hostility. But that ruling, which kicked off the first ICC investigation that could conceivably result in the arrest and prosecution of American citizens by the international tribunal since its inception in 1998, was met by a furious response from Washington. Secretary of State Mike Pompeo called the court “an unaccountable political institution masquerading as a legal body.” As it turns out, there is broad political agreement on this point: U.S. policy toward the court reflects a longstanding bipartisan consensus to protect Americans from its reach.

President Bill Clinton signed the Rome Statute — the treaty that established the court — in 2001. In his statement announcing the signing, he warned his successor not to re-sign it until it was clear that the ICC would not claim jurisdiction on the citizens of states that have not ratified the treaty. His successor took that advice and ran with it. The Bush administration “un-signed” the Rome Statute and inked bilateral treaties to protect Americans from extradition to the ICC. Congress matched him, passing the American Service-Members’ Protection Act, which authorizes the use of force to rescue U.S. personnel detained by the court. Even the Obama administration, which attended some ICC meetings and cooperated with the court on certain matters, declined to re-sign the Rome Statute and to rescind the bilateral treaties that protect Americans from extradition.

[Interesting Read]