The Trump administration demands the International Criminal Court amend its founding treaty to prevent future prosecution of President Donald Trump and senior US officials, threatening additional sanctions if the tribunal refuses, an administration official told Reuters.
The White House issued three specific demands to the ICC: amend the Rome Statute to ensure immunity for Trump and his cabinet, drop investigations into Israeli leaders over the Gaza conflict, and formally end a probe into alleged US troop actions in Afghanistan. Washington threatens to sanction additional ICC officials and potentially the court itself if these conditions go unmet, the official said, speaking anonymously.
The demands escalate the administration’s campaign against the war crimes tribunal. It comes amid growing legal scrutiny of recent US military strikes on vessels in the Caribbean, which critics say may violate international law.
The administration already imposed sanctions in February 2025 against nine ICC officials, including Chief Prosecutor Karim Khan, two deputy prosecutors, and six judges. These officials worked either on the Gaza investigation or previously examined alleged US actions in Afghanistan.
Trump issued an executive order on February 6, authorizing asset freezes and entry bans on ICC personnel and their families. The order accused the court of improperly targeting the United States and Israel.
The court condemned the sanctions, saying they seek to “harm its independent and impartial judicial work.” Human Rights Watch warns that the sanctions already disrupt the ICC’s operations across all investigations, not just those opposed by Washington.
The ICC’s public affairs unit responded that amendments to the Rome Statute remain “within the prerogative of States Parties.” The court declined to address whether Washington formally requested immunity from prosecution for Trump.
Enshrining blanket immunity for specific individuals would undermine the court’s founding principles, legal experts say. Any amendment requires approval from the Assembly of States Parties. While most amendments need two-thirds support from member states, fundamental changes to the court’s jurisdiction require even larger majorities.
Entity-level sanctions would hamper fundamental court functions, including employee payments, banking access, and essential software systems, according to ICC officials.
The Trump official cited “open chatter” in international legal circles that the ICC could pursue charges against Trump and top officials after his term ends in January 2029. The official referenced concerns about potential investigations of Trump, Vice President JD Vance, and Defense Secretary Pete Hegseth.
The official declined to specify which actions might trigger ICC scrutiny. However, the timing coincides with mounting congressional oversight of US military strikes on alleged drug vessels in the Caribbean.
Read: Congress May Withhold Pentagon Travel Funds Until Boat‑Strike Video Is Released
Since September 2025, US forces have conducted at least 22 strikes on vessels near Venezuela, killing at least 87 people as of early December. The administration claims the strikes target drug traffickers, but Venezuela and international observers allege the attacks violate international law.
US forces conducted the strikes in international waters, not on any ICC member state territory, according to legal analysis from the University of Pennsylvania. The ICC prosecutes crimes only when they take place within member nations, or perpetrators operate under a leader’s authority. The United States, like Israel and Russia, never ratified the Rome Statute.
Two ICC deputy prosecutors told Reuters they received no requests to investigate US actions regarding Venezuela.
The ICC operates as the permanent international war crimes court with 125 member nations, including every EU country. Major powers China, Russia, and the United States remain outside the treaty.
The ICC can prosecute sitting heads of state when alleged crimes occur on territories of member nations or involve their nationals.
In November 2024, ICC judges issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for alleged war crimes in Gaza. The court also investigates alleged crimes in Ukraine, Sudan, Myanmar, and other nations.
Related: ‘I Am Responsible’: Duterte Acknowledges Drug War Role as ICC Detention Begins
Human Rights Watch urged ICC member states to increase protection efforts for the court during the Assembly of States Parties session last week in The Hague. The organization warned that unchecked US sanctions could “severely set back the global fight against impunity.”
Following Trump’s February sanctions order, European Union foreign ministers announced their “unwavering support” for the ICC. However, the sanctions have already caused some ICC employees to resign, including the top investigator in the Gaza case, who has children living in the United States.
Information for this story was found via the sources and companies mentioned. The author has no securities or affiliations related to the organizations discussed. Not a recommendation to buy or sell. Always do additional research and consult a professional before purchasing a security. The author holds no licenses.
