U.S. Warns ICC: Promise Not To Prosecute Trump — Or Face New Sanctions

By Humeyra Pamuk — WASHINGTON

The Trump administration has privately pressed the International Criminal Court (ICC) to amend the Rome Statute to explicitly bar investigations of President Donald Trump and senior U.S. officials, a U.S. official told Reuters, and has warned that Washington could impose fresh sanctions on the court if it refuses. The demand is linked to two other U.S. requests: that the ICC drop probes into Israeli leaders over the Gaza war and formally close an earlier Afghanistan investigation involving alleged actions by U.S. troops.

What the U.S. Is Seeking

The administration asked ICC members and the court itself to change the court’s founding treaty to remove any possibility of jurisdiction over the U.S. president and certain senior officials. The official, who spoke on condition of anonymity, warned that if the court does not accede to these demands, Washington may broaden sanctions beyond nine ICC officials previously targeted and could ultimately sanction the tribunal as an institution.

Potential Impact

Sanctioning the ICC as an entity would mark a major escalation: it could disrupt routine operations such as payroll, bank access and ordinary office software, significantly hampering the court’s work. Washington has so far punished nine ICC staff members earlier this year but stopped short of measures that would affect the court’s day-to-day functioning.

Legal and Political Hurdles

The United States is not a party to the Rome Statute, the 2002 treaty that created the ICC as a court of last resort. Amending the statute to limit jurisdiction would be slow and difficult. Most changes require approval by two-thirds of states that have ratified the treaty; more fundamental jurisdictional changes and any measure perceived as granting blanket immunity to named individuals would demand an even larger majority and approval by the court’s governing body, the Assembly of States Parties.

Context And Concerns

ICC judges in November issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former defense minister Yoav Gallant and Hamas leader Ibrahim al-Masri for alleged war crimes and crimes against humanity tied to the Gaza conflict. In March 2020 prosecutors opened an investigation into events in Afghanistan that could include allegations against U.S. forces; that probe has been deprioritized since 2021 but not formally closed.

The anonymous U.S. official cited "open chatter" in parts of the international legal community that the ICC might target Mr. Trump or senior U.S. figures after his term ends in 2029. The official also referenced recent U.S. strikes on suspected drug-trafficking vessels in the Caribbean and off Latin America — operations that have drawn congressional scrutiny and could be among the actions Washington fears might attract ICC attention.

The ICC’s public affairs unit said: "Amendments to the Rome Statute are within the prerogative of States Parties," and did not directly address whether Washington has formally sought immunity for President Trump.

How long Washington has pressed these demands was not specified. Legal experts say enshrining blanket immunity for named individuals would undercut the court’s founding principles and require substantial international agreement to implement.

Additional reporting by Anthony Deutsch and Stephanie Van den Berg in The Hague; Reporting by Humeyra Pamuk; Editing by Don Durfee and Deepa Babington.