'Jack Smith used to work there': Marco Rubio attacks ICC as 'illegitimate'

Marco Rubio argued the ICC had undermined its legitimacy by asserting authority over countries that never joined the court
Speaking during a Cabinet meeting at Camp David on Friday, July 31, Secretary of State Marco Rubio said the International Criminal Court had undermined its own legitimacy (Getty Images)
Speaking during a Cabinet meeting at Camp David on Friday, July 31, Secretary of State Marco Rubio said the International Criminal Court had undermined its own legitimacy (Getty Images)

WASHINGTON, DC: Secretary of State Marco Rubio invoked Jack Smith's past role at the International Criminal Court (ICC) while defending the Trump administration's campaign against what he called the court's "illegitimate" authority.

Rubio argued the issue extends beyond Israeli leaders and warned that American troops could also be targeted.

President Donald Trump interjected that Rubio was "not trying to defend me," saying the concern was about others, including Israeli Prime Minister Benjamin Netanyahu.

President Donald Trump speaks as Secretary of State Marco Rubio, left, and Defense Secretary Pete Hegseth listen during a cabinet meeting, Friday, July 31, 2026, at Camp David, the presidential retreat, near Thurmont, Md., Friday, July 31, 2026. (AP Photo/Jacquelyn Martin)
President Donald Trump speaks as Secretary of State Marco Rubio and Defense Secretary Pete Hegseth listen during a cabinet meeting, Friday, July 31, 2026, at Camp David, the presidential retreat, near Thurmont, Md, Friday, July 31, 2026 (AP Photo/Jacquelyn Martin)

Marco Rubio links Jack Smith to ICC criticism

Speaking during a Cabinet meeting at Camp David on Friday, July 31, Rubio said the International Criminal Court had undermined its own legitimacy by claiming authority over countries that are not members.

"The first is the International Criminal Court is an illegitimate international organization," Rubio said. "They make themselves illegitimate because they claim that even if you're not a member of that court, they can come after you."

He argued that such authority could eventually affect Americans, adding, "What that literally means in the future is that American servicemen, political leaders, and others could find themselves under indictment by this International Criminal Court."



Rubio then referenced former special counsel Jack Smith, saying, "If you want to know a little bit about it, Jack Smith used to work there. These are the people that think they can go out and basically indict any world leader and haul them into The Hague."

He said the administration had first attempted to persuade the court to change course but claimed those efforts failed. "We've begun an effort to really try to bring that court to heel," Rubio said.

US Secretary of State Marco Rubio looks on during the State Department Kennedy Center Honors medal presentation dinner at the US Department of State in Washington, DC (Aaron Schwartz/Getty Images)
Secretary of State Marco Rubio looks on during the State Department Kennedy Center Honors medal presentation dinner at the US Department of State in Washington, DC (Aaron Schwartz/Getty Images)

Trump says concern goes beyond him

As Rubio spoke, Trump interrupted to distance the discussion from his own legal exposure.

"Just keep talking about it," Trump said before adding, "I'm saying that means that he's not trying to defend me. He is trying to defend Bibi and various other people."

Trump also said, "There is no indication that I'm one of them at this moment."

Israeli Prime Minister Benjamin Netanyahu speaks during a press conference in Jerusalem, Thursday, March 19, 2026. (Ronen Zvulun, Pool Photo via AP)
Israeli Prime Minister Benjamin Netanyahu speaks during a press conference in Jerusalem, Thursday, March 19, 2026 (Ronen Zvulun, Pool Photo via AP)

Marco Rubio says administration has gained international support

Rubio responded by arguing that US military personnel faced the greater long-term risk. "I actually think the people who are in biggest danger in our system are servicemen, people in uniform," he said.

"They'll try to grab for the rest of their lives. Will not be able to travel anywhere in the world with their families because they can be arrested," Rubio continued. "Imagine you're a soldier and you fought in a war, and 20 years later they try to come grab you."

The Trump Cabinet unveiled plans for massive tax refunds, deregulation, and a Dulles Airport rebuild while brushing off legal challenges (Andrew Caballero/Getty Images)
The Trump Cabinet (Andrew Caballero/Getty Images)

Rubio said the administration had begun building international support for its position, claiming, "Since we started two weeks ago, five countries have already quit the ICC and notified them that they're leaving, and we think there'll be more."

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