Question
Foreign Affairs > United Nations > International Criminal Court
The U.S. should join the International Criminal Court
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Background
The International Criminal Court (ICC) is an independent, permanent court that tries persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes. The ICC is based on a treaty, joined by 105 countries.
The ICC is a court of last resort. It will not act if a case is investigated or prosecuted by a national judicial system unless the national proceedings are not genuine, for example if formal proceedings were undertaken solely to shield a person from criminal responsibility. In addition, the ICC only tries those accused of the gravest crimes.
In all of its activities, the ICC observes the highest standards of fairness and due process. The jurisdiction and functioning of the ICC are governed by the Rome Statute.
http://www.icc-cpi.int/about.html [International Criminal Court]
The status of the United States and the International Criminal Court, amid bipartisan consensus, is that the United States does not intend to ratify the Rome Statute of the International Criminal Court, which established the court as a body to investigate and prosecute genocide, crimes against humanity, and war crimes. Although the then U.S. President, Bill Clinton, signed the Rome Statute, he stated he would not submit it to the Senate for ratification, and only signed so that the United States could participate in negotiations on the court's rules of procedure. Under United States and International Law, a signature is not binding unless and until a treaty is ratified. Commentators have suggested that the treaty could not be ratified without a constitutional amendment.
The ICC is a court of last resort. It will not act if a case is investigated or prosecuted by a national judicial system unless the national proceedings are not genuine, for example if formal proceedings were undertaken solely to shield a person from criminal responsibility. In addition, the ICC only tries those accused of the gravest crimes.
In all of its activities, the ICC observes the highest standards of fairness and due process. The jurisdiction and functioning of the ICC are governed by the Rome Statute.
http://www.icc-cpi.int/about.html [International Criminal Court]
The status of the United States and the International Criminal Court, amid bipartisan consensus, is that the United States does not intend to ratify the Rome Statute of the International Criminal Court, which established the court as a body to investigate and prosecute genocide, crimes against humanity, and war crimes. Although the then U.S. President, Bill Clinton, signed the Rome Statute, he stated he would not submit it to the Senate for ratification, and only signed so that the United States could participate in negotiations on the court's rules of procedure. Under United States and International Law, a signature is not binding unless and until a treaty is ratified. Commentators have suggested that the treaty could not be ratified without a constitutional amendment.
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