“WE WILL DISMANTLE THE ICC – BRICK BY BRICK, IF NECESSARY” : THE US GOVERNMENT AS GRAVEDIGGER-IN-CHIEF OF INTERNATIONAL LAW
In the last few days, the US government has escalated its campaign to destroy the rule of international law, and particularly the International Criminal Court. State-sanctioned threats, bullying and xenophobia – from US government officials and publicized in the media – have gone wild and unchecked.
On 13 July 2026, US Secretary of State Marco Rubio launched the “Campaign to Dismantle the ICC’s Threat to American Sovereignty”. In an address, Mr. Rubio declared the ICC a “threat to American sovereignty”. He vowed that if foreign bureaucrats and judges try to deprive the US of its “birthright of independence”, “we will teach them the full meaning of American resolve.”
The US has always opposed the ICC and the Rome Statute, and has tried to manipulate its provisions, although it is not a State Party.
The US’s attacks on the ICC have escalated and become more virulent, in direct response to the investigations of, and arrest warrants for, Israeli officials in the Palestine “situation” and investigations of US military and CIA crimes at black sites in the Afghanistan “situation”.
The Campaign action plan urges States to withdraw from the ICC, and promises more travel bans, visa restrictions and increased sanctions against the ICC and affiliated organizations. The US has directly sanctioned eight judges, who were targeted for their rulings in cases involving Israel and Afghanistan, and Chief Prosecutor Karim Khan and two deputy prosecutors, who issued arrest warrants against Israel’s Prime Minister Benjamin Netanyahu and Minister of Defence Yoav Gallant. Three Palestinian NGOs – Palestinian Committee on Human Rights (PCHR), Al Mezan Centre for Human Rights and Al Haq – which gave evidence to the ICC on Israel’s crimes have also been sanctioned.
The action plan continues the protection of US military personnel from the ICC’s jurisdiction. This immunity has been legislated in the American Serviceman’s Protection Act. The ASPA was signed into law in August 2002, one month after the ICC’s Rome Statute was entered into force.
The US’s escalation of the threats so close to the Special Session of the ASP on 24 July 2026 in New York to vote to remove Prosecutor Khan is intended to intimidate the ASP to toe the American line and dismantle the Court “brick by brick,” by voting to remove him. Khan was absolved of all blame by a panel of independent judges.
The US’s actions, placing it at the centre of the removal attempt, validates IADL’s position in its Statement, dated 12 July 2026, that the US and Israel are manipulating the Special Session process. As the IADL stated, the “Judges’ Panel’s unanimous decision should have marked the end of the matter – full stop….The IADL fails to understand why a majority of the ASP’s Bureau, which is a political body of States Parties, rejected the legal conclusions of an independent judicial body which it had established.”
Stopping the US war on the rule of international law must be a priority. Ensuring that accountability and justice for genocide, war crimes, crimes against humanity and aggression are meted out is the only hope to end rampant impunity by State leaderships.
17 July 2026