scholarly journals The measures against the International Criminal Court (USA v. ICC): the perspective of International Law

2021 ◽  
Vol 25 (1) ◽  
pp. 309-332
Author(s):  
Walid Fahmy
Keyword(s):  
United States ◽  
International Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
The United States ◽  
Criminal Code ◽  
Criminal Court ◽  
The Us ◽  
Us Government

Since its creation, the International Criminal Court has faced the refusal of the United States to cooperate, which, in addition to staying outside the Rome Statute, has undertaken a real strategy of weakening the Criminal Code. The argument put forward by the US Government against the Rome Statute is that an international treaty cannot create obligations for a non-party state and therefore the United States denies any jurisdiction of that jurisdiction over its nationals. As early as 2000, that country had unsuccessfully introduced a proposal before the Preparatory Commission to prevent bringing American military personnel to the Court. The American Service Members Protection Act (ASPA), bilateral immunity agreements and Security Council resolutions constitute the arsenal used by States at that time to neutralize the ICC. Recently, the United States signed an order authorizing the United States to prevent and penalize employees of the International Criminal Court from entering the country. The US administration, which has been critical of the ICC for months, is opposed to launching investigation into war crimes in Afghanistan. Is not that a sign of difficulty with the US Legal Justifications? In other words, does this weakness open up the possibility of prosecution in the event of a violation of international law by US?

The Crime of Aggression: The United States Perspective

2015 ◽  
Vol 109 (2) ◽  
pp. 257-295 ◽  
Author(s):  
Harold Hongju Koh ◽  
Todd F. Buchwald
Keyword(s):  
United States ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
The United States ◽  
Criminal Court ◽  
Obama Administration ◽  
One Year

At the 2010 Review Conference in Kampala, the states parties to the Rome Statute of the International Criminal Court (ICC) decided to adopt seven amendments to the Rome Statute that contemplate the possibility of the Court exercising jurisdiction over the crime of aggression subject to certain conditions. One condition was that the exercise of jurisdiction would be “subject to a decision to be taken after 1 January 2017 by the same majority of States Parties as is required for the adoption of an amendment to the Statute,” and another was that such jurisdiction could be exercised “only with respect to crimes of aggression committed one year after the ratification or acceptance of the amendments by thirty States Parties.” As these dates approach, we—two lawyers who represented the United States at the Kampala conference and who worked many hours on the United States’ reengagement with the ICC during the Obama administration—thought it an appropriate moment to take stock of where we are, how we got here, and where we might or should be headed with respect to the crime of aggression.

scholarly journals Tinjauan Hukum Humaniter Internasional dalam Operasi Enduring Freedom Amerika Serikat ke Afghanistan dan Peran International Criminal Court (ICC)

2019 ◽  
Vol 2 (1) ◽  
pp. 11-24
Author(s):  
Reno Ismadi ◽  
Awatar Bayu Putranto ◽  
Tiffany Setyo Pratiwi
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
World Trade Center ◽  
The United States ◽  
Criminal Court ◽  
Military Operations ◽  
Us Military ◽  
The Us ◽  
The Military

The US military invasion to Afghanistan took place when the War on Terror declared by the United States after the incident in September, 2001 at World Trade Center. One of the military operations in this invasion was called Enduring Freedom. This research will discuss the violations committed by America in the invasion of Afghanistan, particularly during the Enduring Freedom operation, which it was reviewed through Geneva Law and The Rome Statute. The author using literature studies with qualitative methods. The author found that the violations of the Geneva Conventions of 1949 and The Rome Statute Article 8 and 11 were carried out by America during the deliberate Enduring Freedom Operation. The violation was proven but the International Criminal Court (ICC) did nothing.

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