The United States Department of Justice has officially notified the International Criminal Court that it completely rejects the tribunal’s authority over American citizens anywhere in the world.
In a letter dated June 29, 2026, and addressed to ICC President Judge Tomoko Akane, Acting Attorney General Todd Blanche declared that any attempt by the court to assert jurisdiction over U.S. nationals is considered illegitimate and unlawful by the federal government. Copies of the document were also delivered to ICC Prosecutor Karim A. A. Khan.
The Department of Justice based its legal argument on the foundational principle of international law that treaties cannot bind nations that do not sign them. Because the United States is not a party to the Rome Statute—the treaty that established the court—the U.S. government maintains it has never consented to its authority.
Blanche leveled sharp criticisms against the court’s recent operations and structural integrity.
“The ICC has acted in an increasingly lawless and illegitimate manner,” Blanche wrote. “Its record of selective enforcement and credible allegations of internal misconduct raise serious doubts about the ICC’s impartiality, credibility, and legitimacy.”
The letter outlines a strict non-cooperation policy moving forward. The United States will refuse to assist with any ICC investigations, inquiries, summonses, or legal proceedings. Furthermore, the Department of Justice confirmed it will not extradite or transfer any U.S. person to the court and will actively oppose efforts by foreign nations to execute ICC requests involving Americans.
To support this stance, the Justice Department cited the American Servicemembers’ Protection Act, a federal law enacted by Congress in 2002. The statute formally repudiates the court’s reach over U.S. military personnel, government officials, and civilians. Under this law, the President holds the statutory authority to use all necessary and appropriate means to secure the release of any American citizen detained by the ICC.
The letter also referenced Executive Order 14203, issued by President Trump on February 6, 2025, which leveled sanctions against the court’s chief prosecutor. The administration previously designated the court’s actions as an extraordinary threat to national security and foreign policy.
The Justice Department concluded the letter by emphasizing that the American judicial system remains the ultimate authority for its citizens, anchored strictly by the U.S. Constitution.
“The Department of Justice is fully committed to defending our Nation’s sovereignty and protecting the rights of U.S. persons against unlawful international overreach,” the letter states. “The United States will not subordinate the liberty and security of our people to a foreign tribunal in The Hague with no accountability to any electorate or fidelity to the Constitution.”
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