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Posted: September 9th, 2022
International Criminal Court
International Criminal Court
The reluctance of the United States to be a member of the ICC has become an international debate issue for many years. While the International Criminal Court is that it acts as a deterrence to crime, it lacks enough safeguards to prevent potential instances of violations o manipulation of the country’s national sovereignty (Gegout, 2013). This paper discusses the purpose and functions of the ICC, why the US is not a member, and its reluctance to join the court.
The Purpose and Function of the International Criminal Court (ICC)
The International Criminal Court’s primary purpose is to end impunity for perpetrators of all the serious crimes that may concern the international community and prevent the occurrence of such crimes in the future. The ICC establishment was in 1998, and the organization is headquartered in The Hague, Netherlands. This court’s main function is to handle or try individuals who are accused of committing heinous crimes across the international community (Gegout, 2013).
Why the United States is not a Member of the ICC
Although the US signed the Rome Statute, it’s yet to make any ratification because it considers taking such measures as surrendering a crucial piece of its sovereignty. According to Ambassador David Scheffer’s message to congress, Multinational peacekeeping forces operating within a country that is already a member of the treaty are exposed to the jurisdiction of the court even in situations where the individual peacekeeper country is yet to join the treaty (Gegout, 2013). This treaty aims to establish an arrangement that would see the armed forces operating overseas face the risks of being conceivably prosecuted by the ICC even when the US hasn’t agreed on the bindings of this treaty. These limitations have kept the United States from being a part of the International Criminal Court because it prevents the US from using its military to its obligations or participates in different multinational operations, including humanitarian interventions meant to save vulnerable civilian lives. Based on these factors, the United States prefers not to be a member of the ICC.
The Pros and Cons for the United States to be a Member of the ICC
One advantage of the International Criminal Court is that it acts as a deterrence to crime. Gegout (2013) argues that any public announcement that the ICC Prosecutor is following a given situation or individual can be a powerful tool for deterring potential perpetrators from committing a crime because they are held liable for their actions. As such, a warning of this nature can boost the International Criminal Court’s deterrent effect. Moreover, the International Criminal Court can also draw the local and international audience’s attention to an ongoing situation that can help the relevant authorities and stakeholders take the right actions to defuse any tensions or prevent atrocities. This would arise from the US becoming an ICC member because there lacks enough safeguards to prevent potential instances of violations o manipulation of the country’s national sovereignty.
Why the United States should not be a part of the ICC
In my opinion, the United States should not seek to join the International Criminal Court in its current state. Although the International Criminal Court has a great potential to continue doing great things on human rights, insisting that the US is mandated to follow the laws established by a court that is yet to prove its credibility or worth would be absurd. For instance, the United Nations was first established in 1945 to promote human rights and peacekeeping (Amann & Sellers, 2002). Over the many years that the UN body has been in existence, it has demonstrated its worthiness and credibility. It explains why the US and other countries trust it to make fair decisions aimed at the common good of all members’ states and the world in general. However, the same cannot be said of the International Criminal Court because it is relatively young and yet to prove its worthiness and credibility over the years. Given that the court has the potential to be used as a tool to settle political scores or other grudges, I would advise against the US becoming a member of the International Criminal Court because there is still very little convincing evidence to support its worthiness.
The Ramifications of Why the United States should not be a part of the ICC
The ramifications for my opinion on why the US should not be a member of the ICC are that the court can do more harm to the United States than good. Sewall and Kaysen (2019) argue that the International Criminal Court can be a tool that the potential to be used to settle political scores or other grudges. Given that the US military is involved in various peacekeeping missions globally, the court can be used to target the US soldiers, which would violate the sovereignty of the country. As such, the United States should not be a part of the ICC because the court is yet to demonstrate its experience and credibility.
Conclusion
From the preceding discussion, the International Criminal Court is that it acts as a deterrence to crime. However, the court lacks enough safeguards to prevent potential instances of violations or manipulation of the country’s national sovereignty. These limitations have kept the United States from being a part of the International Criminal Court because it prevents the US from using its military to its obligations or participates in different multinational operations, including humanitarian interventions meant to save vulnerable civilian lives. It is recommended that the United States not join the ICC because the court is yet to demonstrate its experience and credibility.
References
Amann, D. M., & Sellers, M. N. (2002). The United States of America and the International Criminal Court. The American Journal of Comparative Law, 50, 381. doi:10.2307/840883
Gegout, C. (2013). The International Criminal Court: Limits, potential and conditions for the promotion of justice and peace. Third World Quarterly, 34(5), 800-818. doi:10.1080/01436597.2013.800737
Sewall, S., & Kaysen, C. (2019). The US and the International Criminal Court: The choices ahead. Retrieved from https://www.amacad.org/publication/us-and-international-criminal-court-choices-ahead
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