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Thread on the International Criminal Court.
First, the US is not a party to the Rome Statute, the treaty that created the ICC. Thus, US nationals would only be subject to the jurisdiction of the ICC if they committed an offense in a country that is party to the Rome Statute.
1/ https://twitter.com/TFloresSB/status/1327707343614660608
First, the US is not a party to the Rome Statute, the treaty that created the ICC. Thus, US nationals would only be subject to the jurisdiction of the ICC if they committed an offense in a country that is party to the Rome Statute.
1/ https://twitter.com/TFloresSB/status/1327707343614660608
Second, there are only four crimes subject to the ICC jurisdiction: Genocide; Crimes against humanity; War crimes; the Crime of aggression.
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Art 6 of the Rome Statute provides:
"genocide" means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
* * *
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"genocide" means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
* * *
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b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction
in whole or in part;
* * *
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(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction
in whole or in part;
* * *
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(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
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(e) Forcibly transferring children of the group to another group.
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I don't think there is any accusation that anyone in the US administration has committed genocide under this definition.
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Art 7 provides:
For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as
part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(a) Murder;
(b) Extermination;
* * *
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For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as
part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(a) Murder;
(b) Extermination;
* * *
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(c) Enslavement;
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of
international law;
(f) Torture;
* * *
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(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of
international law;
(f) Torture;
* * *
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g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form
of sexual violence of comparable gravity;
* * *
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of sexual violence of comparable gravity;
* * *
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(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural,
religious, gender as defined in paragraph 3, or other grounds that are universally recognized as
impermissible under international law * * *
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religious, gender as defined in paragraph 3, or other grounds that are universally recognized as
impermissible under international law * * *
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* * * in connection with any act referred to in this paragraph or
any crime within the jurisdiction of the Court;
(i) Enforced disappearance of persons;
(j) The crime of apartheid;
* * *
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any crime within the jurisdiction of the Court;
(i) Enforced disappearance of persons;
(j) The crime of apartheid;
* * *
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(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to
body or to mental or physical health.
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body or to mental or physical health.
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I think it would be very difficult to demonstrate that a US national has violated this provision either since it has to be "part of a widespread or systematic attack directed against any civilian population."
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Art 8 provides that war crimes are:
(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts
against persons or property protected under the provisions of the relevant Geneva Convention
* * *
( I am not going to go into all the act)
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(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts
against persons or property protected under the provisions of the relevant Geneva Convention
* * *
( I am not going to go into all the act)
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(b) Other serious violations of the laws and customs applicable in international armed conflict, within
the established framework of international law, namely, any of the following acts
(Again, I am not going to list all the acts)
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the established framework of international law, namely, any of the following acts
(Again, I am not going to list all the acts)
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But the acts involve things like: intentionally targeting noncombatants, mistreated POW's, torture, wanton destruction of property, using poisons or poisonous weapons, killing or wounding treacherously, etc . .
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While accusations could be made against members of any state's military, given the US commitment to the laws of war, I would doubt that there are any serious claims that the US has committed a war crime. The Soleimani strike could be noted. But I think that was lawful.
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Regarding aggression, the Court would never have jurisdiction: Art 15 bis:
"In respect of a State that is not a party to this Statute, the Court shall not exercise its jurisdiction over the
crime of aggression when committed by that State’s nationals or on its territory."
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"In respect of a State that is not a party to this Statute, the Court shall not exercise its jurisdiction over the
crime of aggression when committed by that State’s nationals or on its territory."
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In sum, I think it is highly unlikely that a credible case could be made against members of the Administration. There was no genocide and no crimes against humanity. Perhaps a case could be made that war crimes were committed in some isolated instances, but I doubt it.
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