What crimes can the ICC prosecute?

The International Criminal Court (ICC) is the world’s only permanent international court with a mandate to investigate and prosecute genocide, crimes against humanity, and war crimes. These three sets of crimes — collectively called “atrocity crimes”— have many overlapping characteristics.

Why did the US not ratify the Rome Statute?

When it came time for the U.S. to adopt the Rome Statute, the Clinton administration, already on its way out, resolved to not ratify the treaty due to various concerns about the extent of the power of the ICC. Every administration since has taken a slightly different approach to dealing with the ICC.

Can the ICC prosecute non member states?

Under the Rome Statute, the ICC has jurisdiction to prosecute crimes committed by nationals of member states, but also crimes committed on the territory of member states, even if those responsible are citizens of a country that is not a member of the court.

Why is the US not part of the ICC?

Is the US a member of the ICC? The US is not a state party to the Rome Statute. The US participated in the negotiations that led to the creation of the court. However, in 1998 the US was one of only seven countries – along with China, Iraq, Israel, Libya, Qatar, and Yemen – that voted against the Rome Statute.

Why the US should not join ICC?

Incompatibility with the U.S. Constitution United States participation in the ICC treaty regime would also be unconstitutional because it would allow the trial of U.S. citizens for crimes committed on U.S. soil, which are otherwise entirely within the judicial power of the United States.

Is Philippines party to ICC?

There’s the International Humanitarian Law Philippines joined the ICC in 2011. The Supreme Court said the IHL is even stronger than the Rome Statute – the treaty that created the ICC – because Philippine jurisprudence has recognized command responsibility as criminal complicity.