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Why Trump is at war with the International Criminal Court

Secretary of State Marco Rubio has promised to “dismantle the ICC.”

The International Criminal Court is in the trenches right now.

Last week, its chief prosecutor, Karim Khan, was voted out of his position. In a first-of-its-kind vote, 82 member states decided that he engaged in misconduct and a serious breach of duty. The vote comes after he was accused of sexual misconduct by a female colleague at the ICC, which Khan has denied.

It’s a mess, and it’s hitting the ICC at an inopportune time. On top of this internal turmoil, US Secretary of State Marco Rubio recently launched an all-out attack on the court.

In a Wall Street Journal op-ed earlier this month, Rubio wrote that the Trump administration’s goal is to “dismantle the ICC—brick by brick, if necessary,” citing the possibility that the court could “target” American citizens, such as Border Patrol agents or US soldiers.

The US is not a member of the ICC, and has a history of wariness about the organization.

Beth Van Schaack previously served as the US ambassador-at-large for global criminal justice, a role that led her to work directly with the International Criminal Court. She spoke with Today, Explained co-host Noel King about the decades-long tumultuous relationship between the US and the ICC. And they discuss whether, if the ICC is now weaker than ever, the Trump administration can actually break it for good.

Below is an excerpt of their conversation, edited for length and clarity. There’s much more in the full podcast, so listen to Today, Explained wherever you get podcasts, including Apple Podcasts, Pandora, and Spotify.

If the International Criminal Court is charged with dealing with people who have allegedly done very bad things and then trying them, why is the United States not a member?

The United States signed the treaty in the waning days of the Clinton administration, but never submitted it for ratification to the Senate. And one of the concerns is that the final treaty allows for jurisdiction over individuals who may commit crimes on the territory of state parties. And the United States has always been concerned about that principle because we have troop commitments.

Supporters of the court have always said the United States and its personnel are........

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