The United States
has chosen not to be a party to the International Criminal Court,
and has made the decision official
on May 6, 2002.
The U.S. believes that the ICC goes against many American ideals and
beliefs that the country was founded on. For example, the U.S. believes
in the system of checks and balances. The Rome Statute creates an unchecked
international power. The U.S. also believes that sovereignty is threatened
by the Rome Statute. It is the belief of the United States that
in order to be
bound by a treaty, the country has to accept the treaty. The Rome
Statute allows jurisdiction over citizens of a country which have
not accepted the treaty.
The United States believes that the Rome Statute undermines the
role of the United Nations Security Council, whose job is to
maintain international peace and security
The United States believes that the International Criminal Court
is flawed, and that these flaws can be exploited and taken
advantage of which may lead to politically motivated prosecutions.
The American Service-Members' Protection Act is part of Public
Law 107-206, the 2002 Supplimental Appropriations Act for
Further Recovery From and Response to Terrorist Acts on the
U.S.
This act prohibits U.S. cooperation with the ICC and allows
recovery operations for American citizens detained by the
ICC.
President Clinton was in office when the Roman Statute was adopted,
and offered the signature of the U.S. However, he noted certain concerns
regarding the Statute. When the neccessary signatures were obtained
to officially establish the ICC, the concerns
of the U.S.
were not met. President Bush, following the advice of President Clinton,
opted to not to take part in the ICC. Therefore, currently, the ICC
does not have jurisdiction over American citizens.
Bureau of Public
Affairs, U.S. Department
of State Press Release Stating Opposition
Remarks by Marc Grossman, Under Secretary for Political Affairs
Read
the full statement: "American
Foreign Policy and the International Criminal Court"
