this post was submitted on 06 May 2024
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Us recognizes the ICC, Clinton helped create it and signed on in 1998. He didn't send it to Congress to get it ratified. Conservatives got worked up over it, lots of misinformation got spread like "now the globalists are giving away our justice to foreigners, some court in Germany can charge you with a crime you do in the US, they're trampling on the constitution and destroying America!!! now let me tell you about these super beta plus male enhancement supplements...". Bush pulled us out in 2002. Same year isreal pulled out, and Russia left in 2006. Since then the rhetoric coming from both parties has been " yea it would be a good idea to join, BUT...". right wing think tanks like the Heritage Society constantly churn out garbage about how joining would force us to alter the constitution (which Ireland did with national support in 2017) or that individual us citizens could be "grabbed" by the court and charged. Under the Obama administration the US worked with the court in an Observer role. Trump obviously put sanctions against the ICC prosecutor investigating war crimes during the Iraq war, removed delegate status for ICC reps, and threw his Mcflury at the court steps from his car. The Biden administration states the ICC cannot charge netanyahu, as the lack the jurisdiction. The military service protection act from the bush admin basically gives the president the power to use whatever force necessary to free Americans and allies from the ICC, bans all fed, state, and local governments from cooperating with the ICC, and bans all us based funding to the ICC.
So we helped make it, recognized it till it opened in 2002, and now we don't like it, kinda. There's this whole thing with the treaty of treaties and the statue of Rome and bilateral international agreements with member countries of the ICC that won't cooperate with the courts for us citizens and allies.
Sounds a bit like Switzerland where they aren't technically part of the EU but they selectively enforce a good bit of the same rules in their own way.
Yeah it's pretty similar, the main reason for the US not being a fully signing member seems the government sees no reason as their military courts function in the same capacity with basically the same guidelines and can prosecute genocide and crimes against humanity cases.