The Trump administration is pressing the International Criminal Court to amend its founding statute to ensure it cannot prosecute President Donald Trump or his senior officials once his term ends in 2029, according to reporting from Reuters. A senior administration official said Washington has warned the court and key member states that failure to comply could trigger a new round of U.S. sanctions — including, for the first time, penalties targeting the ICC as an institution.
The demands go far beyond the long-standing U.S. objection to the ICC’s jurisdiction. Washington is also insisting that the court drop its ongoing investigations into Israeli leaders for alleged war crimes in Gaza and formally close its stalled Afghanistan probe examining the conduct of U.S. troops. The official, who spoke anonymously, said the administration has already sanctioned nine ICC officials this year and is prepared to escalate sharply if the court does not retreat.
What has alarmed U.S. officials, the source said, is “growing concern” that the ICC could look at Trump, the vice president, the secretary of war and other senior figures after Trump leaves office. ICC judges can prosecute individuals, including sitting heads of state, for crimes committed on the territory of a member state. Although the United States is not party to the Rome Statute, the ICC’s jurisdiction could still apply in cases involving alleged crimes committed in countries that are members.
ICC warrants issued last November for Israeli Prime Minister Benjamin Netanyahu, former defense chief Yoav Gallant and Hamas leader Ibrahim al-Masri have reinforced Washington’s determination to block the tribunal from expanding its reach. Meanwhile, although the Afghanistan investigation has been deprioritized since 2021, it remains formally open. The ICC told Reuters that amending the Rome Statute is a matter for its member states, but offered no comment on whether Washington has requested immunity for Trump.
Any bid to modify the court’s legal foundation would be arduous, requiring approval from two-thirds of ICC members — and even larger majorities for changes affecting jurisdiction. Granting immunity to specific individuals would strike at the heart of the court’s founding principles, a move many states are likely to resist.
The stakes are rising as U.S. military operations face scrutiny. Since September, American forces have carried out a series of deadly strikes on suspected drug-trafficking vessels in the Caribbean and Pacific, killing more than 80 people. Members of Congress have opened inquiries into whether U.S. personnel unlawfully killed survivors of one such strike, though the White House maintains the actions were lawful. Asked whether potential ICC scrutiny of U.S. conduct in Venezuela played a role in Washington’s push, the administration official declined to comment. ICC deputy prosecutors told Reuters they have received no requests to investigate U.S. actions there.
Sanctioning the ICC as an entity, the official acknowledged, would be a dramatic escalation — potentially disrupting everything from payroll to basic software access. But Washington is signaling it is prepared to go that far unless the court makes clear it will not, under any circumstances, assert jurisdiction over the president or those around him.
