The United States is pressing its NATO allies to join a campaign aimed at systematically weakening the International Criminal Court, potentially opening a new rift within the Western alliance over international law and multilateral institutions.
During a closed-door meeting of ambassadors from NATO’s 32 member states in Brussels in mid-July, US envoy Matthew Whitaker urged allies to take steps toward withdrawing from the Rome Statute, the treaty that established the ICC, according to three NATO diplomatic sources.
The sources said Whitaker concluded his remarks with a direct warning that Washington would be watching closely to see which countries stood with the United States.
At the same meeting, the US mission to NATO circulated a document calling on allies to take immediate steps toward leaving the court and saying Washington intended to “systematically dismantle” its capabilities, according to the report.
The United States also urged its allies to assess what Washington considers the threat posed by the ICC to their own countries, condemn what it described as the court’s overreach and halt material support for the institution.
The pressure campaign forms part of a broader push by US President Donald Trump’s administration against international institutions that Washington believes could restrict its freedom of action.
US Secretary of State Marco Rubio sharply criticised the ICC in July, accusing it of infringing on American sovereignty and arguing that the court and its supporters were using international laws and agreements against the United States.
The ICC was established in 2002 to prosecute individuals accused of the most serious international crimes, including genocide, war crimes and crimes against humanity.
In 2020, the court authorised an investigation into alleged war crimes committed in Afghanistan, including allegations involving US personnel, before prosecutors later narrowed the focus of the investigation.
NATO divisions
The US pressure comes at a sensitive moment for NATO as Washington and several European allies remain divided over a range of political and security issues.
According to the diplomatic sources, Whitaker’s demand that allies consider withdrawing from the ICC drew opposition during the meeting, particularly from France and the Netherlands.
France reaffirmed its support for the court, while the Netherlands, which hosts the ICC in The Hague, also strongly defended the institution.
Most NATO members are parties to the Rome Statute. The United States and Türkiye are among the alliance members that are not ICC states parties, making any coordinated NATO move against the court highly contentious.
Washington has meanwhile stepped up pressure on the institution and signalled greater scrutiny of governments that continue to support it.
The United States imposed sanctions last month on senior ICC officials, including court President Tomoko Akane, as part of its widening confrontation with the institution.
The ICC has said it will continue carrying out its mandate independently and impartially under the Rome Statute despite attempts to obstruct its work.
The dispute adds another source of transatlantic tension at a time when Washington is also pushing to reshape NATO’s role and increase the responsibilities and defence burden carried by European allies.
