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U.S. Rejects ICC Authority Over Americans and Refuses Cooperation

The Justice Department says the move defends U.S. sovereignty by blocking extraditions of Americans to The Hague.

Overview

  • Acting Attorney General Todd Blanche sent a letter Thursday to ICC President Tomoko Akane that formally rejects any claim the court has jurisdiction over U.S. persons and announces a policy of non‑cooperation.
  • The Justice Department rests its position on the fact that the United States never ratified the Rome Statute and cites the 2002 American Servicemembers’ Protection Act as statutory authority to oppose transfers or extraditions.
  • Blanche accused the ICC of selective enforcement and internal misconduct, saying those problems undermine the court’s impartiality, credibility, and legitimacy.
  • The letter comes after the Trump administration reimposed sanctions on ICC officials and days after three ICC judges filed a lawsuit in Manhattan challenging those sanctions.
  • The policy directs diplomats to press allies to resist ICC actions against the United States or partners and could heighten legal and diplomatic friction that limits cooperation on international criminal probes.