In brief: US Secretary of State Marco Rubio warned that Washington could inflict “tremendous damage” on the International Criminal Court unless it changes its approach to prosecuting nationals of nonmember states. The warning raises questions about the future of a court that has issued arrest warrants for Russian President Vladimir Putin and senior Russian military officials over alleged war crimes in Ukraine.
US Secretary of State Marco Rubio warned Monday, Nov. 9, that Washington could inflict “tremendous damage” on the International Criminal Court (ICC) unless it changes its approach to prosecuting nationals of countries that have not joined the court.
Speaking to reporters in Paris during a meeting of G7 foreign ministers, Rubio accused the Hague-based court of overstepping its authority and said previous US efforts to persuade it to reform had failed.
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“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.”
The warning follows existing US sanctions against the court and its officials over investigations involving Americans and Israelis.
Implications for Russian war crimes investigations
The ICC has played a central role in efforts to hold Russian officials accountable for alleged war crimes committed during Moscow’s invasion of Ukraine.
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, including former Defense Minister Sergei Shoigu and Chief of the General Staff Valery Gerasimov, over attacks on Ukrainian civilian infrastructure.
Trump Doubles Down
Russia, like the US, is not a party to the Rome Statute, the treaty establishing the ICC. However, the court exercises jurisdiction over crimes committed on the territory of countries that have accepted its authority, including Ukraine.
Rubio argued that the court should not claim jurisdiction over nationals of countries that have not joined the 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.
He also cited the ICC’s proceedings against Israeli Prime Minister Benjamin Netanyahu, saying Washington opposed the court’s jurisdictional claims rather than simply defending particular individuals.
“Today it’s Netanyahu, tomorrow it’ll be an American.”
Rubio did not specifically address the court’s investigations into Russian war crimes in Ukraine.
Rubio defends Hegseth amid impeachment push
During 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, counter-cartel efforts in the Western Hemisphere and the US operation that captured Venezuelan leader Nicolás Maduro.
Rubio said the Iranian military had been severely weakened, although Tehran retained some capabilities.
His comments came as Massie’s impeachment resolution threatened to force a House vote as early as Wednesday.
Rubio rejects European approach to AI regulation
Rubio also criticized European efforts to regulate artificial intelligence, warning that excessive oversight could stifle innovation.
He acknowledged the technology’s potential to facilitate cyberattacks, biological and chemical weapons development, and economic disruption.
However, he argued that 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.
He also insisted that Trump’s foreign policy would remain largely unchanged despite Republicans’ defeat in the Nov. 3 midterm elections.
Rubio argued that Congress retains important oversight and funding powers but that the president ultimately determines the direction of US foreign policy.
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