The United States is mobilizing its NATO allies for a systematic campaign aimed at dismantling the International Criminal Court (ICC), further straining already tense transatlantic relations.
During a closed-door meeting in Brussels with the 32 NATO ambassadors in mid-July, US envoy Matthew Whitaker urged NATO countries to assist in abolishing the ICC and encouraged them to withdraw from the ICC’s founding document, the Rome Statute, according to reports from three NATO diplomats who spoke under anonymity.
Whitaker concluded his remarks by stating, “We will closely monitor who stands with America,” the diplomats reported.
This pressure on allies to leave the ICC stems from US concerns that its officials could face prosecution for war crimes, and is part of a broader campaign by the Trump administration against international institutions and norms perceived as restricting US freedom of action. The White House has previously taken steps to withdraw the US from the Paris Climate Agreement, exited the World Health Organization, terminated US participation in the UN Human Rights Council, and pressured companies to boycott this week’s space summit in Paris, alongside initiating several trade wars.
In conjunction with Whitaker’s comments, the US mission sent a document to NATO delegations stating, “The United States will systematically dismantle the ICC’s capabilities… we firmly request that you take immediate steps to withdraw,” according to details shared with Politico.
Moreover, the US has pressured allies to “examine the threat” that the ICC poses to their own countries, publicly condemn the “overreach” of the court, and “immediately cease” any material support for it.
“Let us put an end once and for all to this farce of the ICC,” the document urges.
While NATO is not a signatory to the Rome Statute, all alliance members except Turkey and the United States are part of the ICC.
The campaign against the ICC was launched this summer by US Secretary of State Marco Rubio, who accused the court of violating US sovereignty.
“The ICC and its supporters are waging a war against our country, not with bullets or missiles, but with laws, treaties, and the so-called force of international law,” Rubio stated on July 13. “If they think they can deprive us of our sovereignty, we will show them the true meaning of American resolve,” he added.
The ICC was established in 2002 to prosecute individuals accused of the most serious international crimes, including genocide and war crimes.
The court last investigated allegations against US officials in 2020, opening an inquiry into alleged war crimes committed by American soldiers in Afghanistan, only to deprioritize it the following year. Since then, it has faced calls to investigate US attacks related to drug trafficking against vessels in the Caribbean.
Tensions within the Alliance
This campaign occurs during a delicate time for NATO, as the alliance faces intense strains after many European nations declined to join the US in its war against Iran, provoking President Donald Trump’s ire.
Earlier this year, Washington also brought the alliance to the brink of implosion over Trump’s threats to annex Greenland, an autonomous territory of Denmark, a NATO member.
Although the alliance largely covered these fractures during the annual leaders’ meeting in Ankara in July, new tensions arose shortly thereafter with the request to withdraw from the ICC.
The remarks were described as “quite shocking” by one NATO diplomat, while a second remarked it was “disappointing.”
In response to Whitaker’s comment, which was raised as a secondary agenda point at an otherwise routine meeting, France and the Netherlands defended the ICC and expressed their opposition to the proposal, the diplomats said.
The US delegation to NATO did not respond to a request for comments. The French delegation declined to comment but emphasized France’s unwavering support for the ICC. The Dutch delegation referred to statements made by Foreign Minister Tom Berendsen, who affirmed that the Netherlands fully supports the ICC.
US Monitoring Allies’ Stance on the ICC
American representatives have also addressed this issue in bilateral discussions with European nations, according to two diplomats. The US Department of State has promised “increased monitoring of nations that refuse to reject the ICC’s false authority while relying on US assistance.” Last month, Washington imposed sanctions against high-ranking ICC officials, including President Tomoko Akane.
An ICC spokesperson stated, “The Court remains focused on fulfilling its mandate impartially, independently, and in accordance with the Rome Statute, on behalf of victims and in the interest of justice. In the face of attempts to hinder its work, the ICC remains steadfast and resilient.”
This campaign unfolds amid a US effort, termed NATO 3.0, to encourage Europe and Canada to take greater responsibility for their own defense while recalibrating Washington’s historically disproportionate contribution to the alliance’s capabilities and expenditures.
A questionnaire sent to NATO countries last month requesting their views on US foreign policy, including in the Middle East, was seen by some as an attempt to coerce them into alignment in exchange for US protection.
It is unlikely that Washington intended to constrain its allies similarly with its request regarding the ICC, given that it was presented as a secondary discussion point within a broader debate, the two NATO diplomats noted. However, they acknowledged that raising this issue within NATO is much more sensitive than in other diplomatic contexts, considering the US is the de facto leader of the alliance.
