Omar tables resolution to join ICC as Trump administration vows to dismantle tribunal
The resolution calls for ratification of the Rome Statute and removal of sanctions on court officials, marking a sharp legislative rebuke to the White House’s “whole-of-government” campaign against the International Criminal Court.
US Representative Ilhan Omar has introduced a resolution urging the United States to join the International Criminal Court (ICC) by ratifying the Rome Statute and lifting existing sanctions against court officials. The legislative move directly challenges the Trump administration’s ongoing efforts to weaken the tribunal, coming just days after Secretary of State Marco Rubio pledged to dismantle the court “brick by brick, if necessary”.
Omar, a former child refugee from Somalia, argued that joining the ICC would reinforce the rule of law and human rights globally. In a statement accompanying the resolution, she described the administration’s strategy as “reckless and dangerous”, asserting that the United States should lead by example to demonstrate that no individual is above the law. She emphasised that impunity breeds violence and that the court remains a crucial mechanism for justice when victims have no other recourse.
The resolution stands in stark contrast to the Trump administration’s recent announcements. On Monday, Secretary of State Marco Rubio issued a video statement accusing the ICC of “waging a war against our country” through statutes and international law rather than military force. The State Department subsequently outlined a “whole-of-government response” designed to systematically disable the court, including appeals to US military and law enforcement partners to reject the ICC’s authority over American officials.
Under the administration’s new strategy, nations that refuse to reject the ICC’s authority while relying on US assistance face increased scrutiny. The State Department also indicated plans for further sanctions and travel bans against individuals and organisations affiliated with the court. This escalation follows a pattern of pressure that began when President Trump first sanctioned ICC officials in 2020 regarding investigations into US conduct in Afghanistan, measures that were lifted by former President Joe Biden before being reinstated during Trump’s second term.
Tensions have intensified following the ICC’s issuance of arrest warrants in November 2024 against Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant concerning war crimes in Gaza. Neither the US nor Israel is a signatory to the Rome Statute, and both countries do not recognise the court’s authority. However, the US has also faced ICC investigations into alleged war crimes committed in Afghanistan and at detention sites known as “black sites”.
Legal challenges to the administration’s policy are already underway. Two US advocacy groups have filed lawsuits against the Trump administration, arguing that the sanctions have forced them to cease constitutionally protected work related to the ICC’s investigations. The groups contend that their activities, which include supporting the court’s inquiry into alleged Israeli war crimes in occupied Palestinian territory, are protected under the First Amendment.
Multiple experts, including those at the United Nations, have concluded that Israel’s war on Gaza constituted genocide against Palestinians, a finding contested by the Israeli and US governments. As the legislative and legal battles intensify, Omar’s resolution represents a significant attempt to reorient US foreign policy toward engagement with international legal accountability, despite the executive branch’s concerted efforts to isolate the tribunal.
