International Criminal Court has NO authority over Americans, DOJ will NOT cooperate

In a June 29 letter to ICC President Judge Tomoko Akane, Acting Attorney General Todd Blanche argued that the court has "no jurisdiction over U.S. persons—anywhere in the world," because the United States has never ratified the Rome Statute, the treaty that established the tribunal.

"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 letter marks one of the Trump administration's strongest public rejections yet of the Hague-based court and comes amid ongoing tensions over the ICC's investigations into Israel and its previous efforts to pursue officials from countries that have not joined the tribunal.

Blanche argued that under international law, treaties cannot impose obligations on nations that have not consented to them. "The United States is not a party to the Rome Statute and has never consented to the ICC's authority," he wrote. "Accordingly, the ICC has no jurisdiction over U.S. persons—anywhere in the world—and any attempt to assert such authority is illegitimate, unlawful, and a direct affront to the sovereignty of the United States."

The Justice Department also pointed to the American Servicemembers' Protection Act of 2002, legislation enacted by Congress that expressly rejects ICC jurisdiction over American military personnel, government officials, and civilians. The law prohibits US cooperation with the court and authorizes the president to use "all means necessary and appropriate" to secure the release of any American detained pursuant to an ICC warrant.

Blanche made clear that the administration intends to fully enforce those protections. "The United States will not cooperate with any ICC investigation, inquiry, summons, or proceeding," the letter states. "We will neither extradite nor transfer any U.S. person to the ICC, and we will actively oppose any effort by other countries to do so." It adds that if any American is detained under purported ICC authority, the United States "will take all necessary measures to secure that individual's immediate release."

The acting attorney general also cited President Donald Trump's Executive Order 14203, signed on February 6, 2025, which imposed sanctions on the ICC's chief prosecutor after the court sought actions against Israeli officials. Quoting Trump, Blanche wrote that 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."

Trump's executive order characterized the ICC's actions as "an unusual and extraordinary threat to the national security and foreign policy of the United States," language Blanche reiterated in his letter. Concluding the two-page letter, Blanche said the Justice Department remains committed to defending American sovereignty against what it described as international overreach.

"Our Constitution—the supreme law of the land—vests the judicial power of the United States in its own courts, and our legal system is the envy of the world," Blanche wrote. "The United States will not subordinate the liberty and security of our people to a foreign tribunal in The Hague with no accountability to any electorate or fidelity to the Constitution."