Full Breakdown
Trump Administration Rejects ICC Jurisdiction Over U.S. Persons
7/3/2026, 3:11:27 AM
U.S. Letter Rejects ICC Authority
On June 29, 2026 Acting Attorney General Todd Blanche sent a letter to ICC President Tomoko Akane declaring that the United States “unequivocally rejects any assertion of jurisdiction … over U.S. persons.” The Justice Department will not cooperate with any ICC investigation, summons or proceeding involving Americans and warned that such attempts are a “direct affront” to U.S. sovereignty.
Background
The ICC, established by the 2002 Rome Statute, now includes over 100 members, while the United States, Russia and China remain non-ratifiers. The United States signed the treaty under President Clinton but never ratified it, and has alternated between limited cooperation and sanctions, the latter intensifying under Trump. Recent ICC arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over Gaza war crimes have heightened tensions.
Official U.S. Position
The Justice Department framed the stance as a safeguard, saying judicial power belongs solely to U.S. courts. The policy rests on the 2002 American Servicemembers’ Protection Act. The letter denounced the ICC’s “record of selective enforcement and misconduct” and urged allies to oppose any ICC actions against the United States, Israel or other non-consenting partners.
Criticism
Scholars contend the ICC can prosecute crimes on member territory regardless of the perpetrator’s nationality. NYU professor Jennifer Trahan noted the Afghanistan probe has been deprioritized and suggested current push may be tied to congressional legislation permitting U.S. cooperation with the ICC on Russian war crimes.
Conflicting Views
The United States argues the ICC lacks jurisdiction over its citizens, while the court says offenses in member territories—such as Gaza, a recognized state party—fall within its mandate. The ICC has not responded publicly, and letter’s release coincides with a lawsuit by ICC judges alleging U.S. sanctions pressure court.
Verbatim Quotes
- “The United States Department of Justice unequivocally rejects any assertion of jurisdiction by the International Criminal Court (ICC) over U.S. persons,” — Todd Blanche, Acting Attorney General
- “The ICC has acted in an increasingly lawless and illegitimate manner,” — Todd Blanche, Acting Attorney General
- “persons — anywhere in the world — and any attempt to assert such authority is illegitimate, unlawful and a direct affront to the sovereignty of the United States,” Blanche wrote.” — Todd Blanche, Acting Attorney General
- “I’m not particularly sure why this has come up because the earlier investigation into US crimes in Afghanistan has been deprioritized and to my knowledge is not moving forward,” — Jennifer Trahan, NYU professor
What's Next
The Manhattan suit may test the enforceability of U.S. sanctions on the ICC. Congressional review of the American Servicemembers’ Protection Act and any amendments will determine the durability of the administration’s non-cooperation stance.
