Blanche pens letter to ICC rejecting court’s jurisdiction over US citizens
acting Attorney General Todd Blanche sent a letter to the International Criminal court (ICC) asserting that the United States “unequivocally rejects” any assertion of jurisdiction over U.S. citizens and stating that the justice Department will not cooperate with ICC investigations involving Americans. Blanche criticized the ICC for operating in a “lawless and illegitimate manner,” citing concerns about its impartiality and internal misconduct. The letter references the 2002 American Servicemembers’ Protection Act, which bars cooperation with the ICC regarding U.S. personnel and authorizes the president to seek the release of Americans detained under ICC warrants. Blanche emphasized that the U.S. opposes ICC actions against the U.S., Israel, and other allies that have not consented to its jurisdiction, and stated that the Justice Department will oppose any efforts to extradite Americans. historically, U.S. relations with the ICC have fluctuated, with periods of cooperation and opposition depending on the administration. The biden administration lifted some sanctions imposed during Trump’s tenure but continues to oppose certain ICC investigations,especially those targeting Israel. Trump previously revoked visas and imposed sanctions on ICC officials after investigations into U.S.and Israeli actions, while Biden reversed some of these measures, even though disagreements remain. The ICC prosecutes individuals for genocide, crimes against humanity, war crimes, and aggression but the U.S. has not joined the court, citing concerns over jurisdiction and sovereignty.
Acting Attorney General Todd Blanche sent a letter Thursday to International Criminal Court President Tomoko Akane declaring that the United States “unequivocally rejects” any attempt by the court to assert jurisdiction over U.S. citizens and vowed the Justice Department would not cooperate with ICC investigations involving Americans.
“The United States Department of Justice unequivocally rejects any assertion of jurisdiction by the International Criminal Court (ICC) over U.S. persons,” Blanche wrote.
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Blanche accused the court of operating in an “increasingly lawless and illegitimate manner,” arguing its “record of selective enforcement and credible allegations of internal misconduct raise serious doubts about the ICC’s impartiality, credibility, and legitimacy.”
The letter cites the 2002 American Servicemembers’ Protection Act, which rejects ICC jurisdiction over U.S. service members, government officials, and civilians, prohibits most U.S. cooperation with the court, and authorizes the president to seek the release of any American detained under an ICC warrant.
Blanche also echoed President Donald Trump‘s position on the court, quoting the president’s February executive order imposing sanctions on ICC officials.
“The United States unequivocally opposes and expects our allies to oppose any ICC actions against the United States, Israel, or any other ally of the United States that has not consented to ICC jurisdiction,” the letter said.
Blanche said the Justice Department will not cooperate with any ICC investigation, inquiry, summons, or proceeding involving U.S. citizens and will oppose any effort by foreign governments to extradite or transfer Americans to the court.
The ICC prosecutes individuals accused of genocide, crimes against humanity, war crimes, and the crime of aggression. The U.S. has never joined the court, arguing it lacks jurisdiction over Americans absent U.S. consent. Other major powers, including China and Russia, also remain outside the court.
Washington’s relationship with the ICC has shifted across administrations. The George W. Bush administration opposed the court but allowed the U.N. Security Council to refer atrocities in Darfur to the ICC in 2005. The Obama administration backed the U.N. Security Council’s 2011 referral of Libya and cooperated with the court in several cases, including helping transfer suspects to The Hague and offering rewards for information leading to arrests.
During Trump’s first term, relations sharply deteriorated after then-ICC prosecutor Fatou Bensouda pursued investigations into alleged war crimes committed by U.S. forces in Afghanistan and alleged Israeli crimes in the Palestinian territories. The administration revoked Bensouda’s U.S. visa, ended cooperation with the court, and imposed sanctions on ICC officials.
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The Biden administration lifted those sanctions in 2021 and welcomed the ICC’s indictment of Russian President Vladimir Putin over the war in Ukraine, while continuing to object to the court’s investigation of Israel.
After returning to office, Trump reinstated sanctions against the ICC, calling its actions against the U.S. and Israel “illegitimate and baseless.”
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