Kimberly Prost: The ICC lacks jurisdiction over US citizens if the United States conducts genuine investigations or prosecutions into the relevant allegations. Our verdict: True.
ICC Judge Kimberly Prost made the statement on 14 November 2026, in comments reported by CBC News and other outlets, while defending the court against US sanctions.
Our verdict
True
The claim is accurate. Under the Rome Statute, the ICC cannot take a case if a state with jurisdiction is genuinely investigating or prosecuting it, and this rule applies to US citizens when the ICC's involvement is based on territory or a UN Security Council referral.
What we found
We reached a verdict of true after checking the Rome Statute, ICC court decisions, academic commentary and news reports. The Rome Statute states that a case is inadmissible before the ICC if a state with jurisdiction is investigating or prosecuting it, unless that state is unwilling or unable to do so. ICC Appeals Chamber judgments and decisions in the Al-Senussi case confirm this two-part test. Academic commentary explains that this rule applies to nationals of countries that are not parties to the Rome Statute, such as the United States, when the ICC acts through territorial jurisdiction or a Security Council referral. News reports from CBC News and other outlets on 14 November 2026 quote ICC Judge Kimberly Prost saying the ICC would lack jurisdiction over US citizens if the United States carried out genuine investigations or prosecutions.
The evidence
3 of 6 sources support the claim; none contradict it.
- Background
The Rome Statute states that a case is inadmissible before the ICC if a state with jurisdiction is investigating or prosecuting it, provided the state is not unwilling or unable to do so. [1]
- Supports the claim
The ICC Appeals Chamber confirmed the two-pronged test for admissibility under Article 17, requiring an assessment of whether a state is unwilling or unable to carry out investigations. [2]
- Supports the claim
The ICC applies a two-part test under Article 17 to determine admissibility, assessing both the existence of domestic proceedings and whether the state is unwilling or unable to carry them out genuinely. [3]
- Supports the claim
Article 17 of the Rome Statute limits ICC jurisdiction to cases where a state is unwilling or unable to conduct genuine investigations or prosecutions, and this applies to non-party nationals such as US citizens. [4]
- Background
CBC News reported that Kimberly Prost publicly stated the ICC would lack jurisdiction over US citizens if the United States carried out genuine investigations or prosecutions. [5]
- Background
The ICC operates on the principle of complementarity, meaning it is intended to act only when national jurisdictions are unable or unwilling to prosecute. [6]
What we could not confirm
- No direct ICC decision concerning US citizens was found; the legal analysis is based on the Rome Statute and jurisprudence from other situations.
- Some supporting evidence comes from cases unrelated to the United States, which limits its direct applicability.
- Proposed restrictions on ICC jurisdiction have not yet been adopted, so any future changes are not reflected in this assessment.
How we checked
We examined the Rome Statute, ICC Appeals Chamber judgments and admissibility decisions, academic commentary on complementarity, and contemporaneous news reports quoting Judge Kimberly Prost. We reviewed 10 relevant sources.
Sources
- [1]icc-cpi.int · Rome Statute of the International Criminal Court
- [2]icc-cpi.int · Judgment on the appeal of the Republic of the Philippines against Pre-Trial Chamber I’s “Authorisation pursuant to article 18(2) of the Statute to resume the investigation” · July 18, 2023
- [3]icc-cpi.int · Summary of the Decision on the admissibility of the case against Mr Abdullah Al-Senussi
- [4]Just Security · Uncomplimentary Complementarity and the Int’l Criminal Court’s Afghanistan Probe · April 12, 2018
- [5]CBC News · Canadian judge decries U.S. sanctions of International Criminal Court as 'attack in favour of impunity' | CBC News · November 14, 2026
- [6]opil.ouplaw.com · Jurisdictional Links: International Criminal Court (ICC)
- [7]Original statement · Speech · November 14, 2026
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