The International Criminal Court (ICC), established in 2002 to prosecute war crimes, crimes against humanity, and genocide, currently has 125 member states but does not include the United States, Russia, or China. The ICC is distinct from the UN's International Court of Justice (ICJ), which settles disputes between states and is based in the Peace Palace in The Hague.

On July 17, 2026, US Secretary of State Marco Rubio intensified his criticism of the ICC, warning that the court poses a threat to the entire US legal system. In a short video address, Rubio stated that American Marines risking their lives to defend the nation could be left "at the mercy of foreign judges thousands of miles away" if the US does not act. He also threatened to dismantle the court "brick by brick," signaling a gloves-off approach that could have significant consequences for the tribunal.

The US State Department has outlined several measures as part of its campaign against the ICC. Rubio's remarks highlight concerns about the court's authority over US personnel and the broader question of accountability for serious crimes committed during conflicts.

Andreas Schüller, co-director of the International Crimes and Legal Accountability Program at the European Center for Constitutional and Human Rights (ECCHR) in Berlin, has commented on the fundamental question of accountability, emphasizing the importance of prosecuting those primarily responsible for serious crimes, including government leaders and figures in power.

The ICC's legitimacy is contested by some, including the US, which refuses to recognize its authority. The court's establishment followed the precedent set by the Nuremberg trials after World War II, which prosecuted leading Nazi figures and marked the birth of modern international criminal law.

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