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Will ICC members withdraw from the Court?

Trump Urges All ICC Member States to Withdraw From Court

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NEW YORK — President Donald Trump called on every member of the International Criminal Court to withdraw immediately, escalating his administration’s campaign against the Hague-based institution during his address to the United Nations.

Trump made the appeal on September 22 while addressing the 81st United Nations General Assembly in New York, where he sharply criticized the ICC and questioned its authority over Americans.

During his speech, Trump described the court as an “out of control institution” and said the United States would not permit American service members to face proceedings there.

He urged ICC members to formally withdraw from the Rome Statute, the treaty that established the court, arguing that the institution should not exercise authority over countries outside its membership.

The United States is not a party to the Rome Statute and therefore is not among the ICC’s member states, although the court has asserted jurisdiction in certain circumstances involving nonmember countries.

The ICC was established to prosecute individuals accused of genocide, war crimes, crimes against humanity and aggression when national judicial systems cannot or will not properly address such allegations.

The court currently has 125 States Parties, according to its official records, representing countries across Africa, Asia-Pacific, Eastern Europe, Latin America, the Caribbean and Western Europe.

Trump’s latest criticism follows a broader U.S. campaign against the ICC, including sanctions against court officials and preparations for potentially broader measures targeting the institution itself.

Washington has objected particularly to ICC actions involving Israeli officials and to the court’s earlier investigation into alleged crimes committed by U.S. personnel in Afghanistan.

The administration argues that the ICC threatens U.S. sovereignty by asserting jurisdiction over nationals from countries that have not ratified the Rome Statute, according to Justice Department statements.

The court and its supporters reject that characterization, maintaining that the ICC operates under the Rome Statute and serves as a judicial mechanism for addressing serious international crimes.

Trump’s appeal has not prompted a broad immediate withdrawal among ICC members. Reuters reported on September 24 that only Naoero, formerly known as Nauru, had followed his call during that week.

Germany, meanwhile, publicly rejected the appeal. Foreign Minister Johann Wadephul said Berlin would remain committed to the ICC, describing it as an important part of the international rules-based order.

The latest confrontation comes after several African countries announced withdrawals from the Rome Statute, including Venezuela, Chad, Burkina Faso, Mali and Niger during the preceding year.

Those governments have cited different concerns, including allegations of selective justice, political pressure and dissatisfaction with the court’s treatment of cases involving African countries.

The United States has also increased pressure on the court through sanctions and diplomatic measures, while European governments have discussed ways to protect its operations.

The ICC continues its judicial work despite the pressure. On September 23, its judges convicted Mahamat Said Abdel Kani of crimes against humanity committed in the Central African Republic in 2013.

The court says it has more than 900 staff members and a 2026 budget approaching €197 million, underscoring the scale of the institution facing Washington’s pressure.

For now, Trump’s demand has produced a new diplomatic dispute rather than a mass ICC withdrawal, with governments divided over the court’s authority, international role and relationship with national sovereignty.

The dispute is expected to remain significant as Washington considers additional sanctions and ICC member states debate whether continued participation best serves their legal and foreign-policy interests.

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