The United States is intensifying pressure on the International Criminal Court (ICC) by sanctioning two more senior staff members, prompting more member states to announce their withdrawal. With Venezuela and Chad recently departing, five countries have left the ICC in the past year, joining Burkina Faso, Mali, and Niger. This trend coincides with increasing hostility from Washington and a leadership crisis following the ousting of the chief prosecutor.
“Five countries so far have announced plans to withdraw from the Rome Statute, and we welcome more announcements in the future,” a spokesperson for the US State Department told The Associated Press.
The Rome Statute established the ICC in 2002 as a last resort for prosecuting serious crimes like war crimes, crimes against humanity, genocide, and aggression. Based in The Hague, the ICC steps in when countries cannot or will not prosecute these crimes themselves.
“The ICC regrets any decision to depart from the collective effort to end impunity for the most serious international crimes,” the court’s spokesperson Oriane Maillet told the AP.
Trump’s US wants to dismantle ICC
In July, Secretary of State Marco Rubio announced a campaign to dismantle the ICC, stating the US would pressure its 125 member states to withdraw and sanction organisations that cooperate with the court. This comes after the Trump administration sanctioned ICC staff in response to warrants for top Israeli officials related to the conflict in Gaza and investigations into US actions in Afghanistan. Chad cited US concerns about the ICC as a reason to withdraw, with its foreign minister stating the US requested reconsideration of membership.
Researcher Iva Vukušić noted the US campaign will reveal countries’ commitment to the ICC, questioning whether they will defend it at a cost. The State Department urged countries under the US security umbrella to reject the ICC.
Some countries accuse the court of selective justice
Pressure from Trump isn’t the only reason ICC members are leaving. The military juntas in Mali, Burkina Faso, and Niger have criticised the ICC for selective justice, calling it an “instrument of neocolonial repression.”
After a coup in 2023 that ousted Niger’s elected government, the junta shifted its alliances towards Russia, where its President, Vladimir Putin, faces an ICC arrest warrant for the war in Ukraine. Mali and Burkina Faso are experiencing similar changes in their international ties.
“These countries are ruled by authoritarian leaders who want to avoid accountability for the harms they are inflicting on their own people,” Mel O’Brien, an associate professor of international law at the University of Western Australia, told the AP.
Burundi was the first country to withdraw from the ICC in 2017, claiming the court focused too much on conflicts in Africa, despite many African countries requesting its involvement. South Africa and Gambia also announced plans to leave that year but later changed their minds. A change in government can affect a country’s stance; for instance, Hungary planned to quit in 2025 but decided to stay after a new government was elected.
Past crimes remain under court jurisdiction
The ICC was investigating the Philippines when then-President Rodrigo Duterte announced the country’s withdrawal in 2019. As this withdrawal is not retroactive, the investigation continued. Duterte is currently in ICC detention in the Netherlands, facing charges of crimes against humanity related to anti-drug crackdowns during his presidency, with opening statements set for November.
Meanwhile, an investigation into crimes by Venezuelan security forces under former President Nicolás Maduro will also continue, despite the country’s recent announcement to leave the ICC. Venezuelan Foreign Minister Félix Plasencia claimed the court has been used to deepen inequalities and undermine self-determination. Venezuela is also involved in US-backed negotiations between the ruling party and the opposition following Maduro’s capture by US forces in January.
The court has also welcomed Ukraine
Ukraine joined the court in 2025 after signing an agreement to grant it jurisdiction over crimes on its territory, following the start of hostilities with Russia in 2014.
“This is Ukraine’s way of stating that accountability for serious crimes is essential, and we are committed to building a system of justice,” said Andriy Kostin, Ukraine’s ambassador to the Netherlands.
This article used information from The Associated Press.
