Rubio threatens ICC dismantling

In July, Marco Rubio stated in an op-ed published by the Wall Street Journal that the United States would dismantle the International Criminal Court (ICC) "brick by brick if necessary," asserting that the ICC threatened U.S. sovereignty.

U.S. opposition to ICC

The U.S., which is not a party to the ICC, has long opposed the institution, with opposition intensifying under the Trump administration. The Trump administration sought to prevent the ICC from investigating U.S. actions in Afghanistan and Israel's actions in Gaza, leading to a series of sanctions against the ICC.

Sanctions target ICC operations

These sanctions initially targeted ICC judges and, in early October, extended to the entire institution. The sanctions aimed to restrict the ICC's access to U.S. digital and banking platforms, with the goal of paralyzing its operations within six months, as reported by Reuters citing Rubio.

U.S. allows exceptions for tech services

According to the Dutch newspaper De Volkskrant, which reported on October 26, the U.S. employed "the language of force" but made "exceptions, in complete discretion," allowing the ICC to continue using American technological services. These exceptions, outlined in a document from the U.S. Treasury Department cited by the progressive newspaper, permitted transactions necessary for the provision, purchase, development, installation, operation, maintenance, or repair of enterprise software linked to the ICC.

Tech sector influences U.S. policy

According to a law professor interviewed by De Volkskrant, these exceptions are likely a result of pressure from the U.S. tech sector, which fears economic consequences if its services become too fragile. Notably, these exceptions do not apply to the 13 ICC officials or former officials sanctioned individually by the U.S., who remain restricted from using services provided by companies such as Microsoft, Google, Amazon, Booking, or Airbnb.

ICC faces internal and external challenges

The Dutch newspaper also highlights that the Netherlands has a "moral obligation" to defend the ICC against Trump's actions. Meanwhile, Karim Khan, the ICC's chief prosecutor, faces calls for his removal over allegations of sexual misconduct. The potential removal of Khan is seen as a victory for the U.S. and Israel. Navi Pillay, a South African Nobel Peace Prize laureate, is described as "the conscience of warmongers."