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"America is strongest when we lead with our values, not when we demand immunity from them."
Days after Secretary of State Marco Rubio vowed to "dismantle” the International Criminal Court, Rep. Ilhan Omar hit back on Wednesday with a resolution urging the US to join the international war crimes tribunal for the first time.
The Democrat from Minnesota was the first member of Congress to push back against the Trump administration's pledge that it would “systematically disable” the ICC's “ability to operate, target American servicemen or officials, or otherwise threaten American sovereignty.”
“The ICC is a crucial tool for justice in places where victims have nowhere else to turn,” Omar told The Guardian. “If we truly believe in human rights and the rule of law, we should strengthen international justice—not undermine it. The United States should lead by example and show that no one is above the law.”
The United States is not a party to the Rome Statute, which established the ICC in 1998. But during President Donald Trump's second term, his administration has waged war on the body, specifically over its investigations into Israeli officials, including Prime Minister Benjamin Netanyahu, and investigations into US personnel over alleged war crimes in Afghanistan.
It has imposed sanctions on most of the court's leadership, as well as on those who have "materially assisted" ICC investigations it opposes, including lawyers and human rights groups that have provided evidence.
The administration has also reportedly demanded that the court amend the Rome Statute to ensure that Trump and members of his administration, as well as Israeli officials, cannot be investigated or prosecuted.
Rubio's pledge to dismantle the court has drawn widespread condemnation from human rights advocates.
Agnès Callamard, the secretary general of Amnesty International, said that “in trying to discredit the court, Rubio instead highlights its very purpose: ensuring accountability when those with the power to act choose not to.”
"His arguments read like a tacit admission of wrongdoing," she said, "suggesting concerns that US officials could one day be held accountable for actions that may amount to crimes under international law, including deporting people to torture in El Salvador’s prisons or the campaign of extrajudicial killings in the Caribbean and Eastern Pacific."
She said, "The only reason he would have to fear the ICC is if US officials have committed such crimes outside the United States and the US government is unwilling to hold them genuinely accountable.”
Omar's resolution came as a pair of advocacy organizations launched a lawsuit against Trump and other top administration officials alleging that they illegally "muzzle[d] Palestine advocacy" in violation of the First Amendment when they sanctioned human rights groups that called for investigations into US and Israeli nationals over war crimes in Gaza.
While Rubio has denounced the court's very existence as a threat to “every aspect of [America’s] political and legal system," and argued that it could lead to the prosecution of US soldiers simply for serving in the military, Omar said this was "simply not true."
"The ICC is an international court of last resort, intended to prosecute only the most horrific crimes—war crimes, genocide, and crimes against humanity—when countries are unable or unwilling to do so themselves," she said. "The best way to avoid ICC scrutiny is simple: don't commit atrocity crimes, and if credible allegations arise, investigate them transparently and hold those responsible accountable."
Omar has introduced two previous resolutions calling on the US to ratify the Rome Statute and join the ICC in 2020 and 2022. Neither of them was brought to the floor for a vote, though the latter one had nine Democratic cosponsors.
Announcing plans for a new resolution on Monday, she said, "I urge my colleagues who believe in justice and human rights to join me."
She said: "America is strongest when we lead with our values, not when we demand immunity from them. If we respect human rights, uphold the rule of law, and hold ourselves to the same standards we ask of others, we have nothing to fear from the ICC.”
"The government is violating the constitutional rights of American citizens in order to shield officials of a foreign government who have committed a genocide."
A pair of advocacy organizations on Wednesday sued President Donald Trump and top members of his administration over sanctions targeting the International Criminal Court and its supporters, arguing the punitive measures violate the First Amendment of the US Constitution and illegally "muzzle Palestine advocacy."
The lawsuit, filed in federal court in Manhattan by Democracy for the Arab World Now (DAWN) and the Taxpayer Alliance Against Genocide (TAAG), contends that Trump's Executive Order 14203 unlawfully restricts Americans' ability to seek "justice on Palestine at the ICC" and work with human rights organizations sanctioned "solely for calling on the ICC to investigate Israeli and American nationals."
"The Trump administration is using the blunt instrument of economic sanctions not only to punish human rights defenders but to police the political expression of millions of Americans," said Omar Shakir, executive director of DAWN. "The government is violating the constitutional rights of American citizens in order to shield officials of a foreign government who have committed a genocide."
DAWN notes that, under Trump's February 2025 executive order, the administration has sanctioned ICC officials "as well as leading Palestinian human rights groups al-Haq, al-Mezan, and the Palestinian Center for Human Rights (PCHR)," as well as Francesca Albanese, the United Nations' special rapporteur for the human rights in the occupied Palestinian territories.
Trump's order authorizes sanctions against "any foreign person" deemed to have "materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of," ICC efforts to "investigate, arrest, detain, or prosecute" Americans or officials from allied nations, such as Israel.
The organizations behind the new lawsuit explain that "because the government can interpret the term 'service' to encompass anything that confers a benefit on the recipient, groups like DAWN and TAAG could face civil and criminal charges if they engage in routine advocacy with the sanctioned parties—for example, filing a brief with the ICC encouraging it to investigate possible crimes, sharing evidence or advocacy ideas with Palestinian human rights groups or Ms. Albanese, or working with them on a campaign to lift the sanctions."
“The chilling effect on plaintiffs has been profound,” the lawsuit states. “They now face prison terms and ruinous fines if, in their interactions with the designated parties, they provide or receive anything that defendants could plausibly characterize as a ‘service’—an extraordinarily capacious term that potentially reaches any act that confers a benefit on its recipient. Fearing liability, plaintiffs—and countless others like them—have turned to self-censorship.”
Tarik Kanaana, president of TAAG, said that "with this executive order, Trump has put himself and those in the U.S. government above the law, shielding them from any accountability for their roles in the genocide in Palestine and Lebanon and for war crimes around the globe funded by US taxpayers."
"As US taxpayers, we have the right to hold our government accountable for how it uses this public resource," said Kanaana. "That right cannot be taken away."
The lawsuit comes days after the US State Department launched a sweeping broadside against the ICC, an independent tribunal based in The Hague that investigates and prosecutes individuals for war crimes, crimes against humanity, and other atrocities. In late 2024, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defense minister, Yoav Gallant, for alleged war crimes committed in Gaza.
US Secretary of State Marco Rubio, one of the Trump administration officials named as a plaintiff in the new lawsuit, vowed on Monday to "dismantle" the ICC with increasingly aggressive sanctions against the court and its supporters and international pressure. (Neither the US nor Israel are party to the Rome Statute, which established the ICC.)
Agnès Callamard, Amnesty International's secretary-general, warned in a statement on Tuesday that if nations fail to fight back against the US assault on the ICC, "they will acquiesce to a new era of lawlessness, impunity, and rampant injustice."
"Now is not the time to appease. Now is the time to resist," said Callamard. "For the good of humanity, victims’ hopes of justice, and the prospect of lasting global security, the international community must come together, stand up to the bullies in the White House and State Department and protect the international rule of law. We must not accept a reality where the most powerful have the least legal responsibility.”
"All states and people who care for freedom must rise up in defense of the ICC and international justice now, before it's too late," the UN Palestine expert implored.
More defenders of human rights and the rule of law weighed on Tuesday after US Secretary of State Marco Rubio's announcement of a "campaign to dismantle" the International Criminal Court, many of whose judges and prosecutors have already been sanctioned by the administration of President Donald Trump.
Rubio raised eyebrows around the world by accusing the International Criminal Court—which is based in The Hague, Netherlands—of “waging a war against our country—not with bullets or missiles, but with statutes, compacts, and the force of so-called international law," and cryptically vowing that the Trump administration “will teach the ICC the full meaning of American resolve.”
On Tuesday, Francesca Albanese, the United Nations special rapporteur for the occupied Palestinian territories, called Rubio's announcement "utterly shocking but not a surprise."
"All states and people who care for freedom must rise up in defense of the ICC and international justice now, before it's too late," added Albanese, who is under legally contested sanctions imposed by the Trump administration for her outspoken criticism of Israel's genocidal war on Gaza. "It's rule of law or barbarism."
Responding Monday to the secretary of state's remarks, Congresswoman Ilhan Omar (D-Minn.) said on social media that "Rubio's announcement that he will dismantle the International Criminal Court is reckless and dangerous. It undermines the rule of law, weakens global accountability, and turns America's back on the values we claim to champion."
"The ICC is an international court of last resort, intended to prosecute only the most horrific crimes—war crimes, genocide, and crimes against humanity—when countries are unable or unwilling to do so themselves," Omar added. "The best way to avoid ICC scrutiny is simple: Don't commit atrocity crimes, and if credible allegations arise, investigate them transparently and hold those responsible accountable."
The Trump administration has already hit ICC judges with sanctions, including asset freezes, travel bans, and other penalties for ordering the arrest of Israeli Prime Minister Benjamin Netanyahu and former Israeli Defense Minister Yoav Gallant for alleged crimes against humanity and war crimes in Gaza, as well as for seeking to investigate US atrocities in Afghanistan.
ICC Chief Prosecutor Karim Khan and two deputy prosecutors, as well as eight judges, have been sanctioned by the US.
While the US and Israel are not parties to the Rome Statute governing the ICC and do not recognize the tribunal's legitimacy, the treaty states that individuals from nonsignatory nations can be held liable for crimes committed in the territory of a member state.
State Department spokesperson Tommy Piggott echoed Rubio's remarks, telling Newsmax on Tuesday morning that "if the ICC continues to try to threaten our sovereignty, they will know the full power of American resolve."
Responding to the interview, independent journalist Aaron Rupar asked, "Are we going to, like, bomb the International Criminal Court?"
Astute observers noted that the American Service Members’ Protection Act—passed during the George W. Bush administration and known colloquially as the "Hague Invasion Act"—authorizes the president to use “all means necessary and appropriate,” including military intervention, to secure the release of American or allied personnel held by or on behalf of the ICC.
"The ICC is not doing great. There's a lot to complain about. But this, we cannot allow. We cannot allow these hegemons and bullies to run this project into the ground because there is something worthy of protection and improvement in it," Iva Vukušić, an assistant professor of international history at Utrecht University in the Netherlands, said Tuesday on Bluesky in response to Rubio's threat.
I cannot stress this enough: If this institution is destroyed, we will have nothing new at the international level negotiated for a generation, if ever. I don't believe the ICC is amazing, and there's a lot going on on the domestic level, but we need an ICC. A better one. #Accountability #Justice
— Iva Vukušić (@vukusiciva.bsky.social) July 14, 2026 at 12:54 AM
"The arrogance of this man, his boss, and their corrupt administration is insufferable," Vukušić said in a separate Bluesky post. "The empire must fall for a thousand reasons, but this childish arrogance is among the most important ones."
Journalist Thor Benson also took to Bluesky, writing: "I hope Marco Rubio eventually gets tried before the ICC. That would be a good way for this to go."