From Pavel Danilyuk on Pexels
Do you ever wonder why war criminals never seem to be prosecuted? Or why is international justice so rare? The answer lies in the US’s hypocrisy and reluctance to join the ICC.
The ICC is an independent, permanent international court system that is governed by the Rome Statute, the treaty that established the court and laid the framework for the court, enacted on July 1st, 2002, when 60 countries ratified it.
The purpose of the ICC is to end impunity for serious crimes within the international community, namely violations of the Geneva Conventions. It recovered funding and support from countries that are parties to the Rome Statute. The ICC was first pitched when it was generally agreed that such a permanent court was needed to deal with mass amounts of crime from conflicts, rather than the temporary international courts that were set up in responses to conflicts like World War Two and the Cold War.
The US, however, is not a party to the ICC.
This is due to a variety of political reasons, but the truth is that the US simply doesn’t want to be held accountable for the crimes it has committed, but wants its enemies to be held accountable.
The ICC launched an investigation into potential war crimes committed by US personnel in Afghanistan, but the US lobbied for distinction, saying the ICC does not have jurisdiction in non-member states. However, during the court’s investigations of Russia, the US offered its support. The message the US is conveying is clear: the ICC does have jurisdiction over non-member states, just not the US and its close allies. This creates a large, gaping hole in international law, completely undermining the ICC and justice as a whole.
Many call the ICC useless and inefficient; what they don’t realize is that the court is still relatively new, barely two decades old, and that the creation of the court was a momentous achievement in the first place. Think of all of the historic crimes we hear about from Ancient Sumer to the Roman Empire to even the colonization of the Americas: those were riddled with what we now call war crimes and crimes against humanity, but no justice was ever delivered because there was no such entity of an international court and justice system. The fact that we now have one, and one that can, at the very least, produce some results, is incredible on its own.
The ICC is needed to hold international criminals accountable for their crimes, and this can only be done if everyone agrees to it. But between US hypocrisy and the courts’ limited power, that goal seems impossible.
However, if the US were to join, it would actually be more beneficial for the US long term. This is because joining would reduce conflict with common adversaries and achieve some of the US’s goals as well, due to the fact international law provides the basis for sanctions to limit various things, namely nuclear ambitions, among other points of contention between countries like Iraq, North Korea, China, Russia, and the US.
If the US were to join, it would have the full support of the court to tackle these issues, leading to visible progress. .
As for the accountability part, admitting our flaws and getting charged for them is not only the right thing to do, but it sets a global precedent that others might follow suit with. The US is a huge global power, even considered a global superpower due to the sheer wealth it possesses combined with both incredible military might and diplomatic influence. The US has many allies, and could be called a modern day Roman Empire, as it’s currently the global central power. This means that countries will look to the US for both standards and guidance with how it treats global affairs, and may be more inclined to sign the Rome Statute and support the ICC.
Moreover, it could help get other war criminals charged with their crimes since the US would no longer be barred by the fact that it’s not a party to the Rome Statute.
In conclusion, the US must join in order to strengthen the court so it can be better, affirm international law, and ultimately help prevent abhorrent crimes and achieve justice for all.
Be First to Comment