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Acting Attorney General Todd Blanche told the International Criminal Court that the Justice Department “unequivocally rejects” any claim that the court has jurisdiction over U.S. citizens.
In a letter dated Monday and released publicly on Thursday, Blanche said the United States would not cooperate with ICC investigations involving Americans and would refuse to extradite U.S. citizens under any warrants issued by the Hague-based court.
The letter marks the latest escalation in the Trump administration’s dispute with the ICC and reaffirms that Washington does not recognize the court’s authority over U.S. nationals.
Addressing ICC President Tomoko Akane, Blanche wrote that the court “has acted in an increasingly lawless and illegitimate manner,” accusing it of asserting jurisdiction over countries that have not consented to its authority and failing to defer to national judicial systems before opening investigations.
He also argued the court’s investigations have been “driven as much by political pressure and institutional self-interest as by legal merit” and said its conduct raises “serious doubts about the ICC’s impartiality, credibility, and legitimacy.”
Blanche cited the American Servicemembers’ Protection Act, enacted in 2002, which rejects ICC jurisdiction over Americans and authorizes the president to use all necessary and appropriate means to secure the release of any U.S. citizen detained under an ICC warrant or request.
That authority, Blanche wrote, “will be taken seriously and, if required, fully exercised to protect our people.”
The law applies to U.S. service members, government officials and civilians.
Blanche said the United States will not cooperate with any ICC investigation or proceeding involving Americans, will not extradite or transfer U.S. citizens to the court, and will “actively oppose any effort by other countries to do so.”
“If any American is detained under” the court’s claimed authority, he added, the government “will take all necessary measures to secure that individual’s immediate release.”
Blanche also referenced President Donald Trump’s February 2025 executive order imposing sanctions on ICC personnel, quoting the president’s statement that the United States “unequivocally opposes and expects our allies to oppose any ICC actions against the United States, Israel, or any other ally of the United States that has not consented to ICC jurisdiction.”
The executive order declared the court’s actions a threat to U.S. national security and foreign policy, authorizing asset freezes and travel restrictions against court officials and others who materially assist investigations involving Americans or other protected individuals.