US taxpayers file evidence at the ICC asking it to investigate Trump and Rubio over Gaza
A group of US taxpayers and international human rights lawyers has filed an evidence submission at the International Criminal Court in The Hague asking its prosecutor to investigate President Donald Trump and Secretary of State Marco Rubio for allegedly aiding and abetting genocide, war crimes and crimes against humanity committed by Israel in Gaza. The filing, organised by the Taxpayer Alliance Against Genocide, includes sworn affidavits from doctors who worked in Gaza and whistleblower testimony, the group said. It is a request to the prosecutor, not a case: the court has not acted on it, and Washington rejects the court's jurisdiction.
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Key points
- US taxpayers and rights lawyers hand-delivered an evidence file to the ICC prosecutor in The Hague on Wednesday, asking for Trump and Rubio to be investigated over Gaza.
- The filing alleges aiding and abetting genocide, war crimes and crimes against humanity — allegations the court has not tested and has not acted on.
- The group could file only after a US judge blocked the administration from penalising groups for helping ICC cases.
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- Washington rejects the ICC's jurisdiction and has sanctioned the court; no US response to this specific filing was in the reporting read.
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What happened
The ICC is the world's permanent court for genocide, war crimes and crimes against humanity, and it already seeks the arrest of Israel's prime minister over the Gaza war. The United States helped design the court but never joined it, and the Trump administration has gone further than its predecessors — sanctioning judges, prosecutors and, last month, the court itself. A US taxpayers' group filing evidence against a sitting US president and secretary of state is without precedent in the court's history, and it lands while the court is fighting US sanctions for its institutional survival.
Both sides, in their own words
Both sides heard. Neither believed for free. Publishing a side's version is not endorsing it — the claim checks below are where verdicts live.
Side A · The Taxpayer Alliance Against Genocide
- Its evidence submission achieves the legal threshold for arrest warrants to be issued for Trump and Rubio, its co-founder Seth Donnelly said at The Hague.
- The group says it tried through US federal courts to stop US officials' participation and that the US court system proved incapable of addressing the crime.
Side B · The United States government
- Washington rejects the ICC's jurisdiction — the United States is not a member of the court and does not accept its authority over US officials.
- The Trump administration has sanctioned the court and its officials over its investigations of US and Israeli nationals, and Secretary Rubio has written of dismantling the ICC 'brick by brick'.
Independently verified
5 claims independently verified — listed in the claim-by-claim check below.Not yet verified
Nothing outstanding.What we know / what we don't know yet
What we know
- That the submission was delivered to the prosecutor's office on Wednesday and what the group says it contains.
- That the group asks for an investigation of Trump and Rubio, and that its co-founder says the evidence meets the threshold for warrants — the group's assessment, not the court's.
- That the court has made no decision on the filing, and that Washington rejects its jurisdiction.
What we don't know yet
- Whether the prosecutor will open a preliminary examination, seek warrants, or decline — no ICC statement on this filing was in the reporting read.
- The US government's specific response to this filing — none was reported by Wednesday night.
- The full contents of the evidence file — the group has published its release and speakers, not the complete submission.
Claim by claim
Show all claims (5)
Why this label: The delivery and the press conference are the group's own announcement, published in full, and are reported in agreement by Middle East Eye from The Hague.
On the ladder: a claim earns Verified from primary evidence, or from two independent sources that do not copy each other.
Why this label: What the submission contains and whom it targets are stated in the group's release and its press conference, and reported by Middle East Eye. The underlying allegations are the group's claims, carried as such — they have not been tested by the court.
On the ladder: a claim earns Verified from primary evidence, or from two independent sources that do not copy each other.
Why this label: Donnelly's words are his own, spoken at the group's Hague press conference and quoted by Middle East Eye. The threshold claim is his assessment of the group's filing, not the court's view.
On the ladder: a claim earns Verified from primary evidence, or from two independent sources that do not copy each other.
Why this label: The Article 15 mechanism and the outstanding warrants are matters of the court's public record as reported by Middle East Eye; Brody's assessment is his own, given to MEE on Wednesday.
On the ladder: a claim earns Verified from primary evidence, or from two independent sources that do not copy each other.
Why this label: Judge Jesse Furman's preliminary injunction and its reasoning are quoted by Middle East Eye; the sanctions framework and the US non-membership are the public record carried in the same reporting, and the jurisdiction rejection is Washington's standing position as reported by Anadolu.
On the ladder: a claim earns Verified from primary evidence, or from two independent sources that do not copy each other.
Why it matters
The filing will not by itself produce warrants — that decision sits with a prosecutor's office under US sanctions. Its weight is political and legal at once: it puts a named evidence file, gathered over a year from doctors and a whistleblower, formally before the court, and it tests whether the ICC can even receive a case against the officials of the country sanctioning it.
Background
Show the background timeline (4)
The United States signs the Rome Statute but never ratifies it, so it is not a member of the ICC it helped design.
President Trump signs an executive order allowing sanctions on people supporting ICC investigations of US and Israeli nationals.
A US federal judge blocks enforcement of the sanctions order against TAAG and DAWN; the US also moves to cut the court off from the US-dominated banking system.
TAAG's delegation delivers its evidence submission to the ICC prosecutor in The Hague and asks for Trump and Rubio to be investigated.
Update history
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Published in Checking state — the filing is confirmed by the group and reported from The Hague, and the prosecutor's response and Washington's answer are still to come.