According to multiple media reports, the United States has urged NATO allies to leave the International Criminal Court (ICC) and withdraw from the Rome Statute. A paper circulated by the US Mission to NATO reportedly urged the Alliance delegation to immediately withdraw from the treaty that created the ICC and work to weaken the Court's operational capacity.
The document, obtained by Politico, stated that Washington intends to "systematically erode" the ICC's capacity. It also encouraged NATO members to assess the threat the Court poses to their national interests, publicly criticize what the US calls ICC "overreach," and cease providing material or logistical support to the tribunal. The memo reportedly stated, "Let us end the ICC sham once and for all."
NATO itself is not a party to the ICC, and all member states except the United States and Turkey are signatories to the Rome Statute. The request was reportedly made during a closed-door meeting of NATO ambassadors in Brussels in July, where US envoy Matthew Whitaker urged the 32-member body of ambassadors to join the effort. According to reports, Whitaker also warned his colleagues that the United States would be watching to see who supported it.
Several diplomats present described Whitaker's remarks as "shocking" and "disappointing." France and the Netherlands, both ICC members, publicly defended the court during the meeting and rejected the US attempt to leave it. This development comes amid heightened tensions between Washington and parts of Europe over a number of security and policy disputes.
The US has taken other strong actions against the ICC in recent months. Last month, Washington imposed sanctions on senior ICC officials, including ICC President Tomoko Akane, alleging that the court could threaten US sovereignty and target American employees and associates. These moves reflect a broader campaign against the ICC, spearheaded by senior US officials who argue that the court improperly interferes with the country's jurisdiction.
Senator-turned-Secretary of State Marco Rubio has been vocal in advancing this initiative. He has accused the ICC and its supporters of using international law to restrict US freedom of action. Rubio warned in July that the US would respond strongly if the court attempted to curtail US operations or investigate US citizens and service members.
The ICC, established in 2002 under the Rome Statute, prosecutes those accused of serious international crimes such as genocide, crimes against humanity, and war crimes. Although the United States is not party to the Rome Statute, the ICC has repeatedly investigated allegations involving American personnel. In 2020, the Court launched a preliminary investigation into alleged war crimes by US forces in Afghanistan, but that investigation was subsequently de-prioritized. The ICC has also faced calls to investigate other allegations related to US conduct, including counter-drug operations in the Caribbean.
Experts and officials critical of the US stance have warned that pressuring allies to leave the ICC could fracture international cooperation on accountability and weaken systems designed to address the most serious crimes. Supporters of the Court argue that it fills essential gaps when national systems fail to prosecute serious criminal cases. The opposition of France and the Netherlands at the NATO meeting reflects the lack of willingness among many European allies to abandon the multilateral court system.
This dispute over the ICC comes at a sensitive time for NATO. Relations between the United States and several European partners are already strained over issues such as US policy in the Middle East and tensions in the Arctic region following the US's high-profile claim to Greenland. The ICC dispute adds another point of friction as the Alliance grapples with differing strategic priorities and domestic political pressures on both sides of the Atlantic.
How NATO members respond will be crucial for both the Court's future and transatlantic relations. If European allies continue to defend the ICC, US efforts to isolate or weaken the tribunal could fail. Conversely, any concerted move by NATO countries to reduce support for the ICC would be a major blow to advocates of international justice and could complicate diplomatic relations between allies.
For now, the US mission's efforts have been opposed by major NATO members, but it makes clear that Washington is willing to adopt an aggressive stance against international institutions it views as a hindrance to American sovereignty.
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