The International Network of Civil Liberties Organizations (INCLO) on Friday released a statement defending the International Criminal Court (ICC) after the announcement of a campaign by the United States Department of State that seeks to systematically paralyze the court.
The network reiterated that the court, created by the Rome Statute, is an independent and impartial judicial institution that holds perpetrators of atrocities such as genocide and crimes against humanity accountable. It also stressed that the court is the last resort in upholding peace and international rule of law, albeit with flaws such as its prolonged process, limited enforcement jurisdiction and selectivity. The network urged all states to express public support for the court, adopt measures to protect the court from US sanctions and carry out its mandate.
Last week, US Secretary of State Marco Rubio vowed in a Wall Street Journal op-ed to take the court apart “brick by brick, if necessary” to protect US veterans from ICC jurisdiction. Since the US is not a member state of the statute, the “dismantling efforts” could include travel restrictions and expanded sanctions against ICC personnel and its affiliated organizations. INCLO has maintained that the court cannot exercise jurisdiction over a non-member state. US President Donald Trump’s administration sanctioned ICC judges and prosecutors for issuing an arrest warrant against Israeli Prime Minister Benjamin Netanyahu on the same grounds. In response, three ICC judges sued the administration in a domestic court last month, arguing that Trump has overstepped the president’s authority to authorize the sanctions.
In addition, two US-based advocacy groups launched another lawsuit in a domestic court on Wednesday. The lawsuit argued that the sanctions hinder members of the ICC and the UN in their ability to participate in Palestinian-related human rights advocacy, thus violating their First Amendment rights.
Established in 2002, the ICC has 125 state parties. The court previously convicted African rebel group Lord’s Resistance Army commander Dominic Ongwen and Sudanese militia leader Ali Muhammad Ali Abd-Al-Rahman for the atrocities committed in the Democratic Republic of Congo and Darfur, respectively. Last week, it also confirmed jurisdiction over Libyan armed group commander Khaled Mohamed Ali El Hishri on his alleged role in committing gross violations of human rights. In November, the court will start hearing the trial of the Philippines ex-president Rodrigo Duterte on his deadly “war on drugs” campaign, which resulted in thousands of extrajudicial killings.
This is not the first time the US has threatened or imposed sanctions on the court. Member states have at least twice expressed their “unwavering support” for the court’s operations. In June 2024 the Republican-controlled House of Representatives passed a bill compelling former president Joe Biden to sanction the court, and President Trump authorized the sanction in February 2025.
The network comprises 15 domestic rights groups, such as the ACLU and the Canadian Civil Liberties Association.
