The International Criminal Court’s (ICC) governing body has formally rejected a series of demands from the United States, including calls to terminate its investigation into alleged Israeli war crimes and to amend its foundational treaty. This development follows the annual meeting of the Assembly of States Parties (ASP) in The Hague, where member nations issued a collective statement expressing grave concern over coercive measures targeting the court’s officials and operations.
The U.S. administration, through diplomatic channels, had reportedly conditioned the lifting of sanctions on the ICC’s abandonment of its probes in Palestine and Afghanistan. A further demand sought an amendment to the Rome Statute that would prohibit the prosecution of citizens from non-member states—a move that would effectively grant immunity to American and Israeli nationals and also impact the court’s investigation into alleged Russian war crimes in Ukraine.
Diplomatic sources revealed that these demands were presented to member states by an EU diplomat last month. However, the final ASP declaration, adopted by consensus, emerged as a strengthened compromise that firmly upholds the court’s integrity. The statement denounced threats and coercive measures against court officials but included a single, carefully worded reference to dialogue with non-members, intended solely to encourage broader ratification of the treaty, not to negotiate its core principles.
Multiple diplomats and ICC experts emphasized that capitulating to U.S. pressure by amending the Rome Statute would be more destructive to the court’s existence than the sanctions themselves. The prevailing sentiment was one of defiance, with one official stating, ‘Either we fight or we die. Either we swim or we sink.’
The backdrop to this confrontation includes unprecedented U.S. sanctions imposed on ICC Chief Prosecutor Karim Khan, his deputies, several judges, and other officials, disrupting their personal lives and access to global financial systems. In response, the ICC has implemented confidential countermeasures to shield its operations. The court’s investigations, particularly the historic issuance of arrest warrants for Israeli leaders, continue unabated, with officials and judges vowing they will not be deterred.