By Mohamad Hammoud
For decades, the United States has portrayed itself as the world’s leading defender of democracy, human rights, and a rules-based international order. Yet the confrontation between Washington and the International Criminal Court has exposed a question that has followed American foreign policy for generations: Are international principles truly universal, or are they applied according to political alliances and strategic interests?
After the devastating civilian toll of the Gaza war and allegations of serious violations of international law, ICC Prosecutor Karim Khan sought arrest warrants connected to senior “Israeli” officials, including Prime Minister Benjamin Netanyahu and former War Minister Yoav Gallant, accusing them of war crimes and crimes against humanity. Washington’s response was not focused on addressing the prosecutor’s allegations; instead, the United States challenged the authority of the court itself and authorized measures against individuals involved in investigations affecting US citizens or allies. Reuters reported that Khan became the first ICC official targeted under US sanctions.
The dispute surrounding Khan is therefore larger than one prosecutor or one investigation. It represents a deeper struggle over whether international justice can operate independently when it confronts powerful nations and America’s closest allies. The United States has long argued that no leader should be above accountability, yet critics argue that Washington’s position changes when legal scrutiny reaches a strategic ally.
Human Rights Principles Versus Political Alliances
The history of American foreign policy shows that Washington has often applied international accountability more forcefully toward governments it considers hostile. For example, Washington has supported investigations into alleged war crimes by adversaries such as Russia after its invasion of Ukraine, arguing that international law must protect victims and punish those responsible.
However, critics argue that this position changes when the ICC’s scrutiny reaches “Israel”. They contend that this reinforces accusations of selective justice because principles presented as universal appear to become less absolute when applied to an ally.
The disagreement over the ICC reflects a broader tension between legal principles and strategic alliances. According to Reuters, the Trump administration argued that ICC actions against “Israel” and other allies represented an abuse of the court’s authority, while supporters of the ICC maintained that the institution was created precisely to investigate serious crimes when domestic systems fail to provide accountability. The deeper question is whether powerful governments should weaken international institutions whenever those institutions challenge their political relationships.
When International Justice Reached the United States
The United States has also had a direct confrontation with the ICC when its own actions came under scrutiny. As the ICC examined allegations involving US personnel and CIA officers connected to the Afghanistan conflict, Washington rejected the court’s jurisdiction, arguing that it had no authority over American citizens. The dispute escalated as the Trump administration imposed sanctions on senior ICC officials involved in the investigation, describing the court’s actions as an abuse of its authority.
Critics argue this reinforced the perception that Washington supports international accountability when it applies to adversaries, but resists it when legal scrutiny reaches the United States or its closest allies.
Democracy Rhetoric and the Reality of Foreign Policy
The controversy surrounding the ICC is not an isolated example of the tension between America’s stated principles and its foreign policy. The same pattern appears in Washington’s approach to democracy and human rights overseas. The United States frequently criticizes human rights violations and democratic shortcomings in adversary countries, while often applying less pressure and maintaining close relationships with governments that do not fully reflect those same values.
For decades, American administrations have cooperated with Middle Eastern monarchies and authoritarian governments because of security interests, energy concerns, and regional influence.
When the United States criticizes repression in one country while supporting governments with similar shortcomings, critics argue that human rights become a matter of political convenience rather than a universal principle. Democracy rhetoric becomes strongest when directed at opponents and quieter when strategic interests are involved.
The Price of Protecting Allies from Accountability
The American response to Karim Khan’s actions demonstrates the tension between sovereignty and international accountability. The White House stated that the ICC had exceeded its authority and threatened US interests by targeting American allies, while critics argued that sanctions against court officials undermine the independence of international justice.
The danger for Washington is that defending allies from accountability may weaken the very global system it claims to protect. Institutions built around international law cannot maintain credibility if powerful countries accept their decisions only when those decisions benefit them. The credibility of international justice depends on whether the law applies equally to the powerful and the weak.
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