Marco Rubio: ICC rulings have no legal force over U.S. citizens. Our verdict: True.
Marco Rubio made the remark in a speech to the Federalist Society National Lawyers Convention, reported by the Daily Caller on 14 November 2026.
Our verdict
True
The claim is accurate. The United States is not a party to the Rome Statute and does not recognise the International Criminal Court's jurisdiction over Americans, and Secretary of State Marco Rubio has repeatedly said the court's rulings carry no force over U.S. citizens.
What we found
We rated this claim true. The Daily Caller reported that Marco Rubio said ICC rulings carry no force over Americans in a speech on 13 November 2026. That matches the wider position of the U.S. government. The State Department has said the United States is not a party to the Rome Statute and does not recognise ICC jurisdiction over U.S. citizens, and it has issued statements describing ICC actions against U.S. nationals as illegitimate. Secretary Rubio has made the same point himself in official remarks, including when the State Department launched its campaign against the court in July 2026 and when sanctions were imposed on the court in October 2026. We found no evidence that contradicts the claim.
The evidence
2 of 6 sources support the claim; none contradict it.
- Background
The Daily Caller reported that Marco Rubio said ICC rulings carry no force over Americans in his speech on 13 November 2026. [1]
- Supports the claim
A news report on the ICC's Afghanistan investigation said the United States is not a member of the ICC and does not recognise its jurisdiction over U.S. citizens. [2]
- Supports the claim
The State Department said the U.S. government maintains that the United States and its people are not subject to ICC jurisdiction. [3]
- Background
The State Department said Secretary Rubio stated that the ICC lacks jurisdiction over Americans. [4]
- Background
The State Department said Secretary Rubio asserted that the U.S. and its people are not subject to ICC jurisdiction. [5]
- Background
The State Department said Secretary Rubio stated that the U.S. does not consent to ICC jurisdiction and views the court's attempts to assert authority over U.S. nationals as illegitimate. [6]
What we could not confirm
- We did not assess whether the ICC itself claims jurisdiction over U.S. citizens for crimes committed on the territory of Rome Statute parties or through a UN Security Council referral.
- We did not assess practical enforceability, international legal debates, or the ICC's own jurisdictional framework.
- We relied mainly on U.S. executive branch statements and did not analyse the ICC's legal positions or any relevant international court rulings.
How we checked
We looked at the news report of Marco Rubio's speech and at official State Department releases and remarks setting out the U.S. position on ICC jurisdiction over Americans. We reviewed 9 relevant sources.
Sources
- [1]dailycaller.com · ‘Stop Quoting Laws To Men With Swords’: Marco Rubio Delivers Speech Slamming Global Institutions · November 14, 2026
- [2]gsmglobalnews.com · ICC Closes Original Afghanistan Investigation: U.S. Troops Line Ends, Taliban Case Continues as Prosecutors Appeal · November 13, 2026
- [3]state.gov · Imposing Sanctions on the International Criminal Court - United States Department of State · October 9, 2026
- [4]state.gov · State Department Launches Campaign to Dismantle International Criminal Court’s Threat to American Sovereignty - United States Department of State · July 13, 2026
- [5]state.gov · Imposing Sanctions on the International Criminal Court - United States Department of State · October 9, 2026
- [6]United States Department of State · Advancing the United States’ Campaign to Address the Threat Posed by the International Criminal Court · August 18, 2026
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