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US War on ICC Isn’t New, Isn’t Just Coming From GOP, and Isn’t Just About Israel

SCHEERPOST,  August 8, 2026, By Stephen Zunes

This is a disingenuous bipartisan effort to discredit the ICC and international humanitarian law as a whole.

The United States has launched an all-out assault on the International Criminal Court (ICC). In the past few weeks alone, the Trump administration has vowed to eradicate the top court, pressured countries to withdraw from it, and has attacked progressive political leaders like New York City Mayor Zohran Mamdani who seek to carry out its mandates.

These attacks are jarring, but they are not new, are not only about Israel, and are not just coming from Republicans.

The renewed chorus of attacks began on July 13, when Secretary of State Marco Rubio renewed a U.S. attack on the court by announcing a plan to “dismantle” the ICC “brick by brick, if necessary.” Rubio claimed that, without such action, U.S. police officers or border patrol agents “could be dragged before an international court, tried by judges from random countries across the globe, found guilty under international laws we neither consent to nor control, and then imprisoned thousands of miles from America.”

This claim is utter nonsense. The ICC has no jurisdiction over crimes committed by law enforcement officers in the United States. And while Rubio claims that the U.S. has not consented to the international humanitarian law that the ICC seeks to uphold, such law is actually drawn directly from binding treaties — including the Genocide Convention as well as the Geneva Conventions and related protocols, which the U.S. government has signed, ratified, and in many cases, incorporated into its own military manuals.

More revealing is Rubio’s complaint that the United States can’t “control” international law. No country can do that, nor should they be able to. The law is the law. As Kenneth Roth, the former longtime director of Human Rights Watch, put it: “Law is meant to bind people, not be controlled by them.”

In an op-ed for the Wall Street Journal accompanying his official announcement from the State Department, Rubio claimed that the court is “run” by “hostile Third World governments united by their enmity toward the U.S.” This is also untrue. Virtually every European government is a member of the ICC. None of its 18 justices are from countries with hostile state relations with the U.S., and all but three of those countries are inarguably democracies. Of the 73 people indicted by the ICC, none of them have been Americans and only six of them have been associated with governments allied with the United States. 

Rubio’s attack was followed by continued attention on the court, this time from Mamdani, who called on federal authorities to act on an ICC warrant for Israeli Prime Minister Benjamin Netanyahu and arrest him during a planned trip to New York later this year. In response, Mamdani was falsely accused of unfairly singling out Israel, even though he explicitly stated that his position would apply to “any other war criminals.” His focus on Netanyahu was simply because no other indicted war criminal was scheduled to visit his city.

Only two Israelis have ever been indicted by the ICC. This hasn’t stopped prominent U.S. politicians like Democratic Senate leader Chuck Schumer (D-New York) to insist that the court has an “anti-Israel bias.” Similarly, Rep. Josh Gottheimer (D-New Jersey) has accused the ICC of a “continued, longstanding bias against the Jewish state,” and former Rep. Kathy Manning (D-North Carolina) has criticized what she referred to as its “efforts to single out and undermine Israel.”

What actually appears to bother these lawmakers is not the baseless claim that the ICC has an anti-Israel, anti-American, or anti-Western bias, but that it refuses to make exceptions for the United States and its allies. These demonstrably false statements from lawmakers reveal a disingenuous bipartisan effort to discredit the ICC and, by extension, international humanitarian law as a whole, in the eyes of the American public…………………………………………………………………………………………………………………………………..

The post-World War II international legal system upon which the International Criminal Court is based was crafted by Western nations, particularly the idealists of the Roosevelt and Truman administrations. While there are some reasonable critiques of the limitations of this “rules-based international order,” it at least sent a message — however unevenly these principles may have been enforced — that the killing of civilians, torture, territorial conquest, maltreatment of prisoners of war, apartheid, and genocide are illegal, and that perpetrators of these crimes should be held accountable. 

This is what Trump administration officials, members of Congress, and critics of Mamdani’s statement oppose. They are essentially rejecting the liberal international order in favor of a new system in which governments — at least the United States and its allies — are no longer bound by such principles. https://scheerpost.com/2026/08/08/us-war-on-icc-isnt-new-isnt-just-coming-from-gop-and-isnt-just-about-israel/

August 11, 2026 - Posted by Christina Macpherson | Legal, USA