The United States has so far refused to ratify the treaty before the International Criminal Court, which was established in 2002. An investigation into the dualistic attitude of the United States towards international criminal prosecution policy.
The International Criminal Court
This International Court, which deals with the prosecution of international crimes in the areas of war crimes, genocide and crimes against humanity, was established in 1998 at the instigation of the United Nations and came into effect in 2002. Its activation could only take place after 60 countries had signed and ratified the treaty on this matter. In 2011, more than 120 countries ratified the treaty. The big exception is the USA, the United States of America. The treaty was signed under President Bill Clinton, but his successor George W. Bush refused to ratify the treaty.
America and the criminal offenses that can be prosecuted by the International Criminal Court
The list of crimes that the International Criminal Court can prosecute is extensive and long.
Genocide or genocide
The crime of systematic and intentional extermination of an ethnic group, or part thereof. Genocide is a special and massive form of extrajudicial killings or democide.
Crimes against humanity
‘Any of the following acts, when committed as part of a widespread or systematic attack against a civilian population, with knowledge of the attack: inter alia, murder, extermination, slavery, deportation, imprisonment, torture, rape, sexual slavery, persecution, coercion disappearance of persons etc
War crimes:
Serious violation(s) of the Geneva Convention(s) from August 12, 1949.
For example:
- Torture or inhuman treatment
- Intentionally depriving a prisoner of war or other protected person of the rights of fair and lawful trial,
- unlawful deportation or relocation or unlawful detention,
- deliberately carrying out an attack knowing that such attack will cause collateral loss of life or civilians or damage to civilian objects or widespread, long-lasting and serious damage to nature, attacking or bombing towns, villages, dwellings or buildings that are not are defended and are not a military target,
- committing attacks on personal dignity, in particular humiliating and degrading treatment, violence to life and person, in particular any form of murder, mutilation, cruel treatment and torture,
- committing attacks on personal dignity, in particular humiliating and degrading treatment.
The exceptional position of the USA
The United States of America signed the Rome Statute in 1998 under President Bill Clinton, but President George W. Bush never ratified the Rome Statute (considering it legally valid for the United States).
The reason for this has of course never been made official, but it is easy to guess. Although crimes committed before 2002 may not be prosecuted, the United States has reason enough not to ratify the effect for their country.
The Iraq War
Under George W. Bush, the United States took the lead until the war in Iraq in March 2003. It soon became clear that the Americans were guilty of war acts that could quite easily be classified as ‘war crimes’. On October 23, 2010, the whistleblower organization Wiki-Leaks reported that it had 400,000 documents detailing war crimes committed by the United States.
War on Terror -Afghanistan
Since the events of September 11, 2001 in New York (attack on the World Trade Center), the United States has been waging a targeted war against terrorism. This resulted in Afghanistan being occupied and bombed. On August 5, 2010, Wiki-Leaks revealed 77,000 documents relating to crimes committed against Afghans.
Guantanamo Bay
Suspected Taliban or Al Qaeda fighters have been transferred without trial (as guaranteed by Human Rights) to Quantanamo Bay, where they had to endure torture. The entire existence of Quantanamo Bay violates the Rome Convention on Human Rights, a treaty that the United States of America has never ratified until now. Furthermore, the 1949 Geneva Convention was grossly ignored when transferring prisoners to Quantanamo Bay.
The death of Osama Bin Laden
Even the manner in which Osama Bin Laden was tracked down and killed may well pass the test of war crimes. The intent was clearly to kill Osama Bin Laden and not to bring him before a court for a fair trial. This is equivalent to ‘premeditated murder’.
Fear of the International Criminal Court
It is clear that the United States has probably blatantly violated the rules regarding war crimes and crimes against humanity in Iraq and Afghanistan. The fear of the United States that it will be sued before the Court by a nation participating in the Court after American ratification is absolutely not imaginary.
The only way to avoid arrests and charges is therefore not to ratify the Rome Statute, which governs the institution of the International Criminal Court. Only countries that have ratified can prosecute or be prosecuted.
Under President Barack Obama, Americans have started to adopt an ‘observant’ position. This is a gesture by the United States from which no conclusions should be drawn.
Conclusion
It is not to be expected that the United States will ever actually be able to ratify, unless prosecution is declared inadmissible to the United States from a certain date onwards. (Declared not liable to prosecution.) This is far too complicated politically. The International Community will probably be careful not to dig into that hornet’s nest.
In the meantime, it must be clear that the war crimes committed by the United States from 2002 to the present will remain unpunished.
read more
- Being indicted at the International Criminal Court
- The illness excuse for extradition for war crimes
- The International Criminal Court: the crimes
- Immunity or non-prosecution of criminal heads of state
- Conviction and execution of (ex) heads of state