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Fact check: What is the role of the International Criminal Court in investigating Trump's alleged war crimes?

Checked on September 15, 2025

1. Summary of the results

The International Criminal Court (ICC) has been investigating alleged war crimes, including those committed by US forces in Afghanistan [1]. The US has imposed sanctions on the ICC in response to these investigations, citing a lack of jurisdiction over the US and its allies [2]. The ICC has jurisdiction over crimes committed on the territory of its member countries, which includes Afghanistan [2] [3]. The US is not a member of the ICC but has partially incorporated Rome Statute offenses into national laws [3]. The sanctions imposed by the US have been seen as retaliation against the ICC's investigations and have disrupted the court's work, including the blocking of ICC officials' email and bank accounts [4]. The US sanctions have also been challenged in court, with a preliminary injunction granted against the sanctions, finding that they likely violate the First Amendment rights of human rights advocates who work with the ICC [5].

2. Missing context/alternative viewpoints

A key point missing from the original statement is that the ICC's investigations are not limited to alleged war crimes committed by the US, but also include crimes committed by all sides in Afghanistan [6]. Additionally, the UN High Commissioner for Human Rights has called for the US to stop imposing sanctions on ICC personnel [6]. The original statement also does not provide context on the US's relationship with the ICC, including its initial opposition to the court and its subsequent cooperation in certain cases [7]. Furthermore, the statement does not mention the impact of the US sanctions on the ICC's investigations in various conflict zones around the world [4]. Alternative viewpoints on the issue include the perspective of human rights advocates who work with the ICC and have been affected by the US sanctions [5], as well as the views of the UN High Commissioner for Human Rights, who has called for the US to stop imposing sanctions on ICC personnel [6]. The ICC's role in promoting accountability for war crimes and crimes against humanity is a crucial aspect of the issue, and one that is often overlooked in discussions of the US's relationship with the court [7].

3. Potential misinformation/bias in the original statement

The original statement may be seen as misleading, as it implies that the ICC is specifically investigating Trump's alleged war crimes, when in fact the court's investigations are broader in scope and include crimes committed by all sides in Afghanistan [6]. The statement also does not provide context on the US's relationship with the ICC, which may lead to a biased understanding of the issue [7]. The US government may benefit from this framing, as it allows them to portray the ICC's investigations as a personal attack on the former President, rather than a legitimate attempt to hold those responsible for war crimes accountable [2]. The ICC and human rights advocates may be harmed by this framing, as it undermines the court's legitimacy and the important work that it does to promote accountability for war crimes and crimes against humanity [7] [5]. The media and the public may also be misled by this framing, which may lead to a lack of understanding of the complex issues at play [1] [4].

Want to dive deeper?
What is the legal basis for the International Criminal Court to investigate US citizens?
Has the International Criminal Court ever prosecuted a US president before?
What are the specific war crimes allegations against Trump being investigated by the ICC?
Can the US block ICC investigations into alleged war crimes committed by its citizens?
How does the International Criminal Court gather evidence for war crimes investigations?