The United States attempted to recruit its NATO allies for a move aimed at “systematically dismantling” the International Criminal Court in The Hague, Politico reported on Thursday.
According to three NATO diplomats, the US administration called on member states of the alliance to withdraw from the Rome Statute, the court’s founding treaty, and end their support for it.
US Ambassador to NATO Matthew Whitaker made the demand during a closed-door meeting of ambassadors from the alliance’s 32 member states, held in Brussels in mid-July. According to the diplomats, Whitaker asked allies to help dismantle the court and concluded his remarks with a warning: “We will be watching closely who stands with America.”
At the same time, the US delegation to NATO circulated a document among the delegations outlining the administration’s demands. “The United States will systematically dismantle the capabilities of the International Criminal Court,” the document stated. Washington asked allies to “immediately take steps to withdraw” from the Rome Statute.
The countries were also asked to “examine the threat” that the United States claims the court poses to them, publicly condemn what was described as the ICC’s “overreach of authority,” and immediately halt “any material support” for it. “Let’s end once and for all the charade of the International Criminal Court,” the document stated.
NATO itself is not a party to the Rome Statute, but all alliance members except the United States and Turkey are members of the court.
France, Netherlands stand against US attack on ICC
The US move sparked opposition during the meeting. France and the Netherlands defended the institution and made clear they did not intend to comply with the American demand.
One diplomat who attended the meeting described Whitaker’s remarks as “quite shocking,” while another said they were “disappointing.”
The US mission to NATO did not respond to Politico’s request for comment. The French delegation declined to address the details of the closed-door discussion but stressed that France’s support for the court was “unwavering.” The Dutch delegation referred to comments by Foreign Minister Tom Brandsen, who said the Netherlands fully supports the court.
According to the report, US envoys also raised the demand in bilateral discussions with European countries. The US State Department warned that it would increase scrutiny of countries that refuse to distance themselves from what it called the court’s “false authority” while continuing to rely on American assistance.
The campaign against the ICC was launched over the summer by US Secretary of State Marco Rubio, who accused the court of undermining US sovereignty. “The International Criminal Court and its friends are waging war against our country, not through bullets or missiles, but through laws, treaties, and the power of what is called international law,” Rubio said on July 13. “If they believe they can deprive us of our sovereignty, we will teach them the full meaning of American resolve.”
The US campaign against the court stems in part from concerns that American officials and soldiers could face prosecution for war crimes. In 2020, the ICC opened an investigation into alleged crimes by US soldiers in Afghanistan, though the investigation was given lower priority the following year.
The US administration is also acting against the court over proceedings against Israeli officials and the arrest warrants issued for Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant.
US sanctions ICC officials, President Tomoko Akane
Last month, Washington imposed sanctions on ICC officials, including President Tomoko Akane.
In response to the US move, an ICC spokesperson said the institution “remains focused on fulfilling its mandate impartially, independently, and in accordance with the Rome Statute, for the benefit of victims and in the name of justice.” The spokesperson added that despite attempts to obstruct its work, the court “remains steadfast and resilient.”
The confrontation comes at a sensitive time in relations between the United States and its European allies. Tensions have risen after many European countries refused to join the US war against Iran, as well as following US President Donald Trump’s previous threats to annex Greenland, an autonomous territory belonging to Denmark, a NATO member.
According to Politico, the demand regarding the ICC was raised shortly after the NATO leaders’ summit in Ankara had reportedly succeeded in reducing tensions. The diplomats estimated that Washington was not attempting to issue an explicit ultimatum to its allies, since the issue was raised as a side topic during a routine meeting. However, they emphasized that raising such a demand within NATO was particularly sensitive because of the United States’ role as the alliance’s de facto leader.
