The U.S. Department of Justice (DOJ) has escalated its rejection of the International Criminal Court’s (ICC) authority, formally warning the tribunal that it has no legal jurisdiction over American citizens and will not be supported by the United States in any investigation or enforcement action involving U.S. persons.
The position was outlined in a letter written on Monday from Acting Attorney General Todd Blanche to ICC President Judge Tomoko Akane, which stated the U.S. position that the Hague-based court cannot exercise authority over individuals from countries that never joined the Rome Statute, the treaty that created the ICC.
Blanche wrote that the United States has never consented to the court’s jurisdiction and therefore considers any attempt to apply ICC authority to Americans invalid under international law principles governing treaties between states.
At the center of the DOJ’s argument is the principle of consent in international agreements.
The letter states that obligations created under treaties cannot extend to countries that have not agreed to them and asserts that the ICC’s reach over U.S. citizens “anywhere in the world” is therefore legally baseless.
The DOJ also took direct aim at the court’s credibility.
Blanche described the ICC as operating in what he called an “increasingly lawless and illegitimate manner,” citing concerns about selective enforcement practices and internal misconduct allegations as evidence that the tribunal lacks neutrality.
In practical terms, the letter makes clear that the United States will not participate in ICC activity in any form.
Blanche wrote that the government will refuse to cooperate with investigations, summonses, or proceedings and will not extradite or transfer any American citizen to The Hague under ICC authority.
It also signaled that it would actively resist any effort by foreign governments to comply with ICC requests involving Americans, signaling a broader diplomatic stance that extends beyond domestic legal policy.
The DOJ also grounded its position in U.S. statute, pointing to the American Servicemembers’ Protection Act of 2002, as highlighted by The Post Millennial.
That law prohibits cooperation with the ICC and authorizes the use of presidential authority to secure the release of U.S. personnel detained under ICC warrants.
Blanche said those protections remain fully in force and will be enforced by the current administration.
The letter emphasized that U.S. courts—not international tribunals—remain the sole judicial authority for American citizens, reinforcing the constitutional framework governing criminal jurisdiction in the United States.
The dispute reflects long-running friction between Washington and the ICC, which has drawn criticism from U.S. officials of both parties over its investigations involving non-member states and foreign political and military leaders.
The DOJ letter also referenced President Donald Trump’s Executive Order 14203, signed in 2025, which imposed sanctions on the ICC’s chief prosecutor following actions tied to Israeli officials.
The order framed ICC activity as a threat to U.S. national security and foreign policy interests and signaled a willingness to impose penalties in response.
Blanche echoed that framing, stating that the United States will continue to oppose ICC actions targeting the U.S., Israel, or any other country that has not consented to the court’s jurisdiction.
He added that any detention of Americans under ICC authority would be treated as a matter requiring immediate federal response.
The letter concludes by reaffirming a broader constitutional argument: that the United States cannot subordinate its legal system to an international court that operates outside domestic democratic accountability.
