US Secretary of State Marco Rubio said Washington could inflict “tremendous damage” on the International Criminal Court unless the Hague-based tribunal changes the way it prosecutes nationals of countries that have not joined it. The Rubio ICC warning was delivered to reporters in Paris on Monday, Nov. 9, during a meeting of G7 foreign ministers, according to Kyiv Post.
Rubio ICC Warning Delivered in Paris
Rubio accused the court of overstepping its authority and said earlier American attempts to persuade it to change course had gone nowhere.
“We’ve tried for a year and a half to get them to reform, a nice way, and they haven’t been willing to do so,” Rubio said. “So we’ll have to try a different approach.”
He declined to specify what measures Washington might take.
“Suffice it to say that we believe we can inflict tremendous damage on the ICC unless they see the error of their ways.”
Kyiv Post reported that the warning follows sanctions the United States has already imposed on the court and its officials over investigations involving Americans and Israelis. More of our international news coverage is collected here.
Jurisdiction Over Nonmember Nationals Is the Dispute
The substance of the Rubio ICC warning centers on a jurisdictional argument: that the court should not claim authority over nationals of states that are not party to its founding treaty.
“We’re not going to have some American servicemember or American military commander standing trial in some illegitimate court that we’re not a member of,” he said.
Rubio also pointed to the court’s proceedings against Israeli Prime Minister Benjamin Netanyahu, saying that Washington’s objection was to the court’s jurisdictional claims rather than a defense of particular individuals.
“Today it’s Netanyahu, tomorrow it’ll be an American.”
Neither the United States nor Russia is a party to the Rome Statute, the treaty that established the court. As Kyiv Post noted, the court nonetheless exercises jurisdiction over crimes committed on the territory of countries that have accepted its authority, including Ukraine.
Outstanding Warrants for Putin and Russian Commanders
The International Criminal Court has been central to efforts to hold Russian officials accountable for alleged war crimes committed during Moscow’s invasion of Ukraine, a campaign the court’s warrants have documented in specific terms.
In March 2023, the court issued arrest warrants for Russian President Vladimir Putin and children’s commissioner Maria Lvova-Belova over the alleged unlawful deportation and transfer of Ukrainian children. Additional warrants have targeted senior Russian military commanders, among them former Defense Minister Sergei Shoigu and Chief of the General Staff Valery Gerasimov, over attacks on Ukrainian civilian infrastructure.
Rubio did not specifically address the court’s investigations into Russian war crimes in Ukraine during the Paris briefing, according to Kyiv Post. The Rubio ICC warning has raised questions about the future of the institution that issued those warrants. Our reporting on Russia’s war against Ukraine continues.
Rubio Defends Hegseth Against Impeachment Articles
At the same briefing, Rubio defended Defense Secretary Pete Hegseth after Republican Congressman Thomas Massie introduced impeachment articles against him over the Iran war.
“I think it’s unfair. Look, I think Pete’s done a good job, I really do,” Rubio said.
He praised Hegseth’s role in operations against Iran, in counter-cartel efforts in the Western Hemisphere, and in the US operation that captured Venezuelan leader Nicolás Maduro. Rubio said the Iranian military had been severely weakened, although Tehran retained some capabilities.
Kyiv Post reported that Massie’s impeachment resolution threatened to force a House vote as early as Wednesday.
Criticism of European AI Oversight
Rubio also used the appearance to criticize European efforts to regulate artificial intelligence, arguing that excessive oversight could hold back innovation. He acknowledged the technology’s potential to facilitate cyberattacks, the development of biological and chemical weapons, and economic disruption, but said international regulatory bodies risked slowing technological advances.
“We’re very concerned about these global institutions trying to regulate something that would stifle innovation,” Rubio said.
Foreign Policy After the Nov. 3 Midterms
Asked about the political landscape at home, Rubio insisted that President Donald Trump’s foreign policy would remain largely unchanged despite Republicans’ defeat in the Nov. 3 midterm elections. He said Congress retains important oversight and funding powers, but that the president ultimately determines the direction of US foreign policy.
Rubio gave no timeline for the “different approach” he described toward the International Criminal Court, and he named no specific instruments Washington is considering beyond the sanctions already in force against the court and its officials.
