The United States is not a member of the International Criminal Court. It has purposely abstained from joining so as to not be held accountable for previous, current, and future war crimes. Under Obama, the US delegation fought for a caveat to a newly adopted crime in which the ICC cannot have jurisdiction over nonmembers. There have been attempts at investigations under all administrations. This attempt at evasion of either joining or considering the ICC as a legitimate court may catch up to the United States and for Israel, though.
Please read the article by Kelebogile Zvobgo, “It’s Time for America to Join the International Criminal Court”
Neither the US or Russia are members of the ICC but we are currently assisting the ICC in investigating the war crimes the Russians have committed in Ukraine. There is a warrant out for Putin’s arrest as a result of the investigation.
It is a step in the right direction for the US to participate in the investigation, but it also proves that the US holds the ICC as both legitimate and wielding power to convict war crimes. Americans also want the United States to join and as the elected democracy of the people, it is incumbent on the government to follow those wishes especially when it is in a diplomatic organization that accounts for human rights across the globe. If there are no war crimes that the US has to hide, then why does it not join? That is the burning question that leaders across the board should answer.
It is extremely concerning that under Bill Clinton’s presidency he signed the Rome Statute but did not ratify it with Congress. This was a gross power play on his and the United States part so that the US has say in jurisdiction of negotiations but is not held accountable like other nations. The following presidents all have a hand in protecting the military and intelligence agencies from the ICC. THIS is a disheartening and disturbing fact that many Americans do not know. All of the presidents have protected the US from war crimes and legitimate investigations by the ICC. Trump went so far as so sanction members of the court, which is unhinged. Trump was also assisting Israel as they were a part of the investigation.
The US should become a member of the ICC but it is going to take the urging of the ICC, other nations and leaders, and the public. What will hopefully come from this is accountability on all fronts for all leaders who have committed war crimes and acts of genocide.
The ICC is currently taking accounts from Palestinians and Israelis that have been affected by the Israeli siege and also the attack from Hamas. These actions from the ICC provide some hope that there will be justice for human rights and for the innocent.
Foreign leaders and the UN (including all of its members) need to openly denounce the actions of Israel and the US for the continuation of violence and and genocide like they did against Russia and the attacks on Ukraine. Place sanctions on these two nations just as they did with Russia. There is silence regarding ceasefire and humanitarian aid for Palestinians in Gaza and the push for a humanitarian corridor, but the world dignitaries who have sway and influence remain silent allowing for this continued pattern of brutality and noncompliance from the US and Israel to continue.
Hold everyone to the same standard of human rights. No government, nation, military, or leader should be exempt for their actions against humanity.