In July, Rubio said the administration would “dismantle” the court, “brick by brick, if necessary”.

Members of a grassroots organisation and international human rights lawyers have formally asked the International Criminal Court (ICC) to investigate US President Donald Trump, Secretary of State Marco Rubio and other senior American officials over alleged complicity in genocide, war crimes and crimes against humanity committed by Israel in Gaza.

The Taxpayer Alliance Against Genocide (TAAG) said on Wednesday that it had submitted sworn affidavits from doctors who worked in Gaza, eyewitness accounts, whistleblower testimony, video evidence and documents detailing US military, financial, diplomatic and political support for Israel.

The submission was delivered to the ICC Office of the Prosecutor in The Hague.

“International law remains the last peaceful instrument we possess to confront injustice and pave the way forward,” UN Special Rapporteur on the occupied Palestinian territories Francesca Albanese told a press conference in The Hague following the submission.

“The legal tools are there,” she said, adding that what was missing was the political courage to use them.

The submission also includes testimony from Dr Feroze Sidhwa, a US trauma surgeon who has worked in Gaza twice, and David McIntosh, a former manager at the Gaza Humanitarian Foundation, according to TAAG.

“No more impunity for those who finance, arm, aid and abet genocide. No government official is above international law,” the delegation said.

ICC Has Not Ruled on Allegations

The International Criminal Court has not made any determination on the allegations submitted against Trump, Rubio and other US officials.

Filing a submission with the prosecutor does not automatically trigger a formal investigation or lead to arrest warrants.

The United States is not a party to the Rome Statute, which established the ICC, and rejects the court’s jurisdiction over American and Israeli nationals. Israel has also rejected accusations of genocide in Gaza.

In November 2024, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged crimes committed during the war in Gaza, including the use of starvation as a method of warfare.

US Threatens Action Against International Criminal Court

Washington has taken measures against the ICC, including sanctions targeting judges, prosecutors and Albanese over what the US administration described as “illegitimate and baseless” actions against American and Israeli interests.

In July, Rubio said the administration would “dismantle” the court, “brick by brick, if necessary”.

The latest legal submission comes amid continued international scrutiny of US support for Israel and growing calls for accountability over the conduct of the war in Gaza.

Since October 2023, Israel’s military campaign in Gaza has killed more than 74,600 Palestinians and injured nearly 176,000, mostly women and children, according to the figures provided. The offensive has also destroyed around 90% of the territory’s infrastructure.