US foreign policy regarding the International Criminal Court
To complement existing national judicial systems, the international criminal court (ICC) was established on 1 July 2002, the day the Rome statute entered into force. Being an intergovernmental organization and tribunal, the mandate of the ICC was and still is to investigate, prosecute and try individuals accused of committing crimes of concern to the international community. These crimes, as indicated by Kassai, include the crime of aggression, war crimes, a crime against humanity, and the crime of genocide (82). The aim of this policy paper, therefore, is to speak specifically on the stand of the United States in relation to the mandate and jurisdiction of the ICC. Reports have it that the Trump administration, like the Bush administration, has always been sceptical of the mandate and jurisdiction of the ICC. As noted by Kassai, while most United States allies support the ICC, Trump administration is opposed to it and has refused to recognize and abide by any United States obligations under the agreement (85).
Sterio, reports that ICC has not met its mandate and thus its allegiance to it may jeopardize American constitutionalism and sovereignty from international threats (201). In this regard, the United States has adopted a policy concerning the ICC that aims at protecting the United States constitutionalism and sovereignty from international threats. This policy was adopted following what Sterio, terms as ineffectiveness unaccountability and indeed, the outright threat of the ICC towards the American constitutionalism and sovereignty as outlined by the National Security Advisor John Bolton (201). These sentiments can draw support from Bachmann and Sowatey-Adjei, who explain the concerns Africa leaders have on the mandate and jurisdiction of the ICC (288-250). According to Bachmann and Sowatey-Adjei, African perceive the ICC as an interference in the internal affairs of Africa, which results in scattered peace and reconciliatory efforts…” (250). The United States values the safety and security of its citizenry. However, Kassai argues that it would be not possible to achieve national and global peace, which is prerequisite to safety and security, without justice (83). Nevertheless, contrary to these claims, Sterio, observes that the United States perceives the ICC structure fails to align with the “American fundamental principles”(205). This includes “checks and balances on authority and separation of powers” (Sterio 205). To counter what Bolton calls ” automatic jurisdiction by the ICC, Sterio claims that through this policy, the United States does not acknowledge that the ICC has a role to play in the overall system of international justice (207). In this regard, the United States, through the policy advises it’s officials to resist vigorously, aggressive ICC investigation of the United States. This, as explained by Kassai, include sharing appropriate information about Afghanistan investigations (84).
The US foreign policy regarding the International Criminal Court is important in many aspects. To begin with, it will help deal with internal its affairs without interference from external forces like the ICC. The United States, being the superpower, has the capacity and capability to deal with issues to do with attaining justice and peace for its citizenry without depending on the ICC. This independence is paramount in driving the United States into higher levels when it comes to attainment of national and international justice. In another dimension, the policy will help curtail the ICC unfettered powers, which, according to the claims made by Bolton constitutes “jurisdiction over crimes that have disputed and ambiguous definitions” (Sterio 206). Besides, it would help prevent the ICC from claiming universal jurisdiction like in the case of the Afghanistan war (Kassai 84). Lastly, the policy will prevent an assault on the constitutional rights of the United States citizenry and the sovereignty, which the Trump administration has vowed to protect.
Works Cited
Bachmann, Sascha-Dominick Dov, and Naa A. Sowatey-Adjei. “The African Union-ICC Controversy Before the ICJ: A Way Forward to Strengthen International Criminal Justice?.” Washington International Law Journal 29.2 (2020): 247.
Kassai, Cristina M. “THE ROLE OF INTERNATIONAL CRIMINAL COURT IN MAINTAINING A GLOBAL PEACE CLIMATE.” Juridical Current 21.2 (2018).
Sterio, Milena. “The Trump Administration and the International Criminal Court: A Misguided New Policy.” Case W. Res. J. Int’l L. 51 (2019): 201.