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LESSON PLAN : The ICC -- A Debate

CARTOON ON ICC | ARTICLES ON THE ICC | EU AND THE ICC | SIERRA LEONE AND THE ICC | UNITED STATES AND THE ICC | CANADA AND THE ICC

THE UNITED STATES AND THE ICC

The United States signed the Rome Statute on December 31, 2000. However, on May 6 2002, the Bush administration declared that it would no longer consider the U.S. legally bound by that signature, in effect nullifying it.

The U.S. feels it is a popular misconception that they are out to undermine the ICC. It has stated that it is intent on working with state parties to find acceptable solutions to the differences that are hindering ratification.

The U.S. has two primary concerns. First they are concerned about the danger of politically motivated prosecutions. According to the U.S., the present structure of the ICC makes these types of proceedings possible. In democratic law, the prosecutor's office is accountable to a system of checks and balances. This situation will not exist in the ICC, according to American opinion. Secondly, America feels the ICC has problems in the related areas of jurisdiction and due process. The power of this international tribunal is independent of consent. While sovereigns have the right to try non-citizens who have committed offences against their citizens or on their territory, the U.S. has never recognised the right of an international organisation to do so absent consent or a UN Security Council mandate and oversight. The ICC lacks all three. Also, the Rome Statute raises but does not meet U.S. standards regarding concerns of due process. This includes issues of multiple jeopardy, definitions of crimes, and problems of evidence and testimony when the Court has to harmonise various legal systems and languages. Therefore, the US would like its citizens to have immunity from the court.

America considers it essential that they remain steadfast in preserving the independence and flexibility needed to defend their interests around the world. As President Bush has said, "The U.S. co-operates with many other nations to keep the peace, but we will not submit American troops to prosecutors and judges whose jurisdiction we do not accept... Every person who serves under the American flag will answer to his or her own supervisors and to military law, not to rulings of an unaccountable ICC."

Sources:
www.iccnow.org/countryinfo/theamericas/unitedstates.html
www.hrw.org/editorials/2000/icc-1228.htm
www.usaforicc.org