The White House has been exerting pressure on the International Criminal Court (ICC) to modify its charter in order to provide immunity to President Donald Trump and high-ranking officials from his administration, as reported by Reuters.
Should the ICC reject the demands of the Trump administration, it would encounter sanctions, a US official informed Reuters.
The ICC serves as the premier global court with 125 member states, adjudicating the most severe crimes of international significance — including genocide, crimes against humanity, and war crimes. In contrast to the United Nations’ (UN) International Court of Justice (ICJ), which addresses cases involving states, the ICC focuses on cases involving individuals.
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The Trump administration is apprehensive that Trump and senior officials such as Vice President JD Vance and Defence Secretary Pete Hegseth may face prosecution for war crimes after 2029, when the current administration’s term concludes, according to the official’s statement to Reuters.
“There is increasing apprehension … that in 2029 the ICC will direct its focus towards the president, the vice president, the secretary of war, and others, and initiate prosecutions against them. This is intolerable, and we will not permit it to occur,” stated the Trump administration official.
The Trump administration’s campaign to pressure the ICC for immunity has emerged during a period when the US military’s operations involving the destruction of boats and the killing of sailors in international waters have sparked allegations of war crimes. Since September 2, the US military has destroyed 22 boats and resulted in the deaths of 87 individuals.
The administration has asserted that the sailors targeted are terrorists; however, it has failed to provide any evidence or disclose the identities of those killed.
In a particularly controversial action, the US military executed a secondary strike on September 2, targeting two shipwrecked survivors from the initial strike who were clinging to the wreckage without any weapons or means of communication. This act of killing contravened both international law and the American military manual.
The official stated that the Trump administration has also insisted that the ICC cease its investigation into Israeli leaders regarding the conflict in the Gaza Strip, as well as an earlier inquiry into the actions of American troops in Afghanistan.
According to the official, failure to comply with these three stipulations would lead to penalties imposed on ICC officials and sanctions against the ICC itself.
Unfeasible demands and the demise of the ICC
The request for immunity for Trump is not only unfeasible but also contradicts the fundamental principles upheld by the ICC.
Providing immunity in the charter for particular individuals would undermine the very purpose of the ICC.
In any event, any attempt to amend the Rome Statute —the treaty that established the ICC— would necessitate the consent of two-thirds of the nations that have ratified the Rome Statute.
While the majority of amendments require the backing of two-thirds of members to be approved, significant alterations to the ICC’s jurisdiction would demand an even greater majority for implementation, as reported by Reuters.
