Source: International Criminal Court |
Last year marked the 20th anniversary of the Rome Statute which created the International Criminal Court (the “ICC”), a standing
judicial body which would try the worst crimes under international law –
namely, war crimes, genocide, crimes against humanity, and crimes of aggression.
The United States signed the Rome Statute under the Clinton Administration but never ratified it. The Bush Administration subsequently “unsigned” the treaty when then-Under Secretary of State for Arms Control and International Security John Bolton sent a note to the U.N. Secretary General stating that the United States has no legal obligations under the treaty and has no intentions of ratifying. Shortly thereafter, the American Service Members Protection Act 22 U.S.C. 7421-7433 (also known as "The Hague Invasion Act") was passed, which authorizes the President to use all means necessary to release U.S. personnel who may be detained by the ICC.
Now as National Security Adviser, Bolton has continued his criticism of the ICC. The situation may come to a head as the ICC contemplates opening a formal investigation into the war in Afghanistan, including the actions of U.S. military personnel and allies.
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