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Wednesday Morning Rant

Sovereignty

The Post-War Era has been defined in large part by the rise - and eventual entrenchment - of international organizations. Since the first and biggest - the UN and its various subordinate groups - they all seek to insert themselves into international affairs and, wherever possible, into members' national affairs. Have a diplomatic objection? Bring it to the UN. Want to go to war? Bring it to the UN Security Council. Want to have firearms generally available in your country? Better ask the UN. Have a trade dispute? Bring it to the WTO. Going to war? Bring it to NATO. Whatever you do, do not act independently. Sovereignty belongs to the supernational organization, not to the country. Countries are passe.

It doesn't matter if a country isn't even in the club, the "international organization" still claims jurisdiction and does what it pleases. There is perhaps no greater example of this than International Criminal Court. The ICC was established in the early aughts under the treaty known as the Rome Statute, which was hammered out in late 90s. As soon as it went into effect, the United States and Israel both promptly informed the UN that they were not going to play. Other countries followed in subsequent years, and more never signed up (or pretended to) in the first place. Does this stop the ICC from targeting non-member government officials with spurious war crimes investigations and interference? Of course not. In keeping with the unwritten rule of all supernational organizations, the ICC's primary mission is to interfere with the United States.

For the first time since the ICC's formation, however, it is no longer pursuing its primary goal in a vacuum. For decades, the United States has ignored the ICC as it has pushed on the United States, despite its illegitimacy. The Trump Administration has had enough, and made that clear almost from the beginning. Early in the second administration, in February of 2025, Trump issued EO 14203, establishing sanctions against the ICC:

... the International Criminal Court (ICC), as established by the Rome Statute, has engaged in illegitimate and baseless actions targeting America and our close ally Israel. The ICC has, without a legitimate basis, asserted jurisdiction over and opened preliminary investigations concerning personnel of the United States and certain of its allies, including Israel, and has further abused its power by issuing baseless arrest warrants targeting Israeli Prime Minister Benjamin Netanyahu and Former Minister of Defense Yoav Gallant. The ICC has no jurisdiction over the United States or Israel, as neither country is party to the Rome Statute or a member of the ICC. Neither country has ever recognized the ICC's jurisdiction ...

The United States will impose tangible and significant consequences on those responsible for the ICC's transgressions, some of which may include the blocking of property and assets, as well as the suspension of entry into the United States of ICC officials, employees, and agents, as well as their immediate family members, as their entry into our Nation would be detrimental to the interests of the United States.

I therefore determine that any effort by the ICC to investigate, arrest, detain, or prosecute protected persons, as defined in section 8(d) of this order, constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States, and I hereby declare a national emergency to address that threat. ...

And then what happened? If you guessed, "nothing," then you were right - albeit only briefly. In August of 2025, Secretary of State Rubio announced individual sanctions against various ICC personnel. In September of that year, the sanctions were expanded to cover various NGOs that were working with the ICC against American interests. In December of that year, sanctions were expanded again, targeting more ICC personnel. In February of this year, Trump extended the emergency declared in the EO. In August of this year, Rubio again expanded the sanctions list and promised a "whole of government" effort to destroy the ICC:

Our whole of government campaign to dismantle the threat posed by the ICC to national sovereignty will be sweeping and we expect more countries to join our campaign by ending their funding and participation in this politicized and unaccountable court. The ICC's ability to target American nationals and those of other non-States Parties must end. The Trump Administration stands ready to take additional measures, if necessary, to systematically dismantle the ICC until it is incapable of threatening American sovereignty.

The ICC has, of course, not stopped pretending it has any say over Americans or American policy, or the policy and personnel of other non-member states. Those states will respect the ICC's authority, come hell or high water!

Flash forward to this month, and the administration has hit the accelerator. First, the rhetoric from the State Department:

Our message is clear: the United States and its people are not subject to the jurisdiction of the ICC. Both parties agree on this, but only President Trump has the resolve to take the action needed to end this threat for good. Either the ICC will end its threats, or we will end the ICC. We expect our allies, many of whom are part of the ICC and that rely on American servicemembers for their defense, to rein in the court.

If they do not, the United States will continue its campaign to dismantle the ICC, brick by brick, until Americans are threatened no longer.

Then, came the action. The sanctions were expanded again - not just to individuals and specific malign NGOs, but on the entire ICC and any business they do with any organization in (or transiting through) the United States:

* Sanctions Implications
As a result of today's sanctions-related actions, and subject to applicable licenses and exceptions, all property and interests in property of the ICC that are in the United States or in possession or control of U.S. persons are blocked and must be reported to the Department of the Treasury's Office of Foreign Assets Control (OFAC).

All transactions by U.S. persons or within (or transiting) the United States that involve any property or interests in property of designated or otherwise blocked persons are prohibited unless exempt or authorized by a general or specific license issued by OFAC, including those general licenses described above. These prohibitions include the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any blocked person and the receipt of any contribution or provision of funds, goods, or services from any such person.

No more business is to be done with the ICC. Treasury issued a blanket 180-day authorization for all activities to encourage a diplomatic solution, but when that expires, it becomes illegal to do any business with or provide any support to the ICC.

They knew it was coming. There were sob stories about sanctioned international bureaucrats running well in advance of the latest action. The Press has done its usual thing of maligning the administration's "fear of international law" and decrying the "attacks" on the ICC. The frequency of such articles was increasing throughout the summer, as insiders braced for an acceleration.

Well, they got the expected acceleration. The ICC, of course, denounced the move:

"The Court cannot stand alone. Its fate now rests also in the hands of the states that created it," it said in a statement. "This is not just about defending a single institution, but about safeguarding the international order grounded upon the rule of law. History will judge this moment."

Nothing about the ICC is even remotely related to the "rule of law." If it was, then it perhaps would not routinely violate its jurisdictional boundaries as it pursues its nakedly political objectives.

As a delightful little sideshow to all of this, a former ICC psuedo-judge won the Nobel Peace Prize this year on the same day the new sanctions landed. It wasn't a coincidence. The Nobel committee all but cited the actions against the ICC as one of the reasons for awarding the prize (from the same article as the previous excerpt):

The Nobel Prize awarded hours earlier to South African jurist Navi Pillay, who sat on the ICC's Appeals Chamber from 2003-2008, was explicitly described by the prize committee as a gesture of support for such tribunals at a time when "judges and institutions of international law are under political attack"

High-larious. And as expected, the rollout was ready. Article after article flowed about how mean Trump is for the sanctions expansion right after the great Judge won a Peace Prize! Some even went so far as to claim that the sanctions expansion is because Trump didn't win the prize. It is to laugh.

But what is not a laughing matter is the continuously increasing pressure on the ICC. This organization has no right to take any action against any non-member state. The United States does not answer to The Hague, and consequences for the ICC's arrogant, disdainful overreach are long since overdue. I look forward to the ICC's full capitulation or constant stumbling as it can no longer get any money, products or services from the United States in any way. It doesn't much matter to me. The ICC needs a firm lesson in the meaning of sovereignty.