DOJ rejects ICC jurisdiction over Americans in new letter
The Justice Department said on July 2, 2026, that it rejects any claim by the International Criminal Court to jurisdiction over Americans. In a statement tied to a letter from Acting Attorney General Todd Blanche to the ICC president, the department said the United States is not a party to the Rome Statute, has never consented to the court’s authority, and considers any attempt to assert jurisdiction over U.S. persons to be unlawful. ([justice.gov](https://www.justice.gov/opa/pr/justice-department-rejects-international-criminal-court-jurisdiction-over-us-persons?utm_source=openai))
The department also pointed to the American Servicemembers’ Protection Act, the 2002 law Congress passed to limit cooperation with the ICC and reject ICC jurisdiction over U.S. servicemembers, officials, and civilians. That backdrop matters because the July 2 message does not announce a new policy; it reiterates a position Washington has held for years. ([justice.gov](https://www.justice.gov/opa/pr/justice-department-rejects-international-criminal-court-jurisdiction-over-us-persons?utm_source=openai))
Blanche’s letter, addressed to ICC President Judge Tomoko Akane, described the court as illegitimate and said the department rejects its assertion of authority over Americans anywhere in the world. The Justice Department framed the issue as one of sovereignty and treaty law, saying a treaty cannot bind a country that never consented to it. ([justice.gov](https://www.justice.gov/opa/pr/justice-department-rejects-international-criminal-court-jurisdiction-over-us-persons?utm_source=openai))
The practical effect is limited in the short term. The United States has long resisted ICC jurisdiction over its nationals and has built that resistance into statute and policy. July 2’s move makes that stance explicit again, but it does not change the underlying legal relationship between Washington and the court. ([justice.gov](https://www.justice.gov/opa/pr/justice-department-rejects-international-criminal-court-jurisdiction-over-us-persons?utm_source=openai))
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