The U.S. Department of Justice has reaffirmed that it does not recognize the authority of the International Criminal Court (ICC) over American citizens, insisting that the court has no legal jurisdiction over U.S. nationals because the United States is not a party to the Rome Statute.
In a letter sent this week to ICC President Judge Tomoko Akane, Acting Attorney General Todd Blanche said the United States rejects any attempt by the court to investigate or prosecute Americans anywhere in the world, describing such actions as unlawful and an infringement on U.S. sovereignty.
Blanche argued that because the United States has never ratified the Rome Statute, it has not consented to the ICC’s jurisdiction.
He maintained that, under international law, treaties cannot impose legal obligations on countries that have not agreed to them.
“The ICC has acted in an increasingly lawless and illegitimate manner,” Blanche wrote. “Its record of selective enforcement and credible allegations of internal misconduct raise serious doubts about the ICC’s impartiality, credibility, and legitimacy.”
The Justice Department also pointed to the American Servicemembers’ Protection Act, enacted by Congress in 2002, which rejects ICC jurisdiction over U.S. military personnel, government officials, and private citizens.
The law bars U.S. cooperation with the court and authorizes the President to take all necessary and appropriate measures to secure the release of any American detained under an ICC warrant or request.
The letter further states that the United States will not cooperate with any ICC investigation, inquiry, summons, or legal proceeding involving U.S. citizens. It also says Washington will oppose efforts by other countries to extradite or transfer Americans to the court.
“The Department of Justice is fully committed to defending our nation’s sovereignty and protecting the rights of U.S. persons against unlawful international overreach,” Blanche wrote.
He added that the U.S. Constitution vests judicial authority in American courts and said the United States would not subject its citizens to what he described as a foreign tribunal lacking democratic accountability.
