Why America Doesn't Cooperate With The International Criminal Court

Created under the Rome Statute in Rome, Italy on July 1, 2002, the court claims power to prosecute people in some cases even if their country never joined the treaty. For the U.S., that is more than a legal dispute. It is a direct challenge to the Constitution and American sovereignty. Washington has historically argued that no foreign court should have authority over U.S. citizens without the consent of the American people.

Americans are guaranteed constitutional rights. The U.S. justice system gives criminal defendants the 6th Amendment right to a public trial by an impartial jury, the right to confront witnesses, and other due process protections. The ICC offers a different system. Cases are decided by panels of foreign judges, not an American jury. NO American should lose constitutional protections simply because a foreign court claims jurisdiction.

Congress responded by passing the American Servicemembers' Protection Act on August 2, 2002. The law authorizes the president to use all means necessary and appropriate to secure the release of any American or allied personnel detained by the ICC. The law became widely known as the "Hague Invasion Act," a sign of just how seriously Congress viewed the threat of a foreign court claiming authority over Americans.

Supporters say the ICC acts only when countries refuse or fail to prosecute serious crimes. The U.S. rejects that argument. America has a long history of investigating and court-martialing its own service members. When the ICC pursued an investigation into alleged actions in Afghanistan, U.S. officials argued the court ignored America's military justice system and attempted to place itself above a sovereign nation's legal process.

Washington answered with sanctions. Under Executive Order 14203, the U.S. froze assets and restricted travel for at least 11 ICC officials, including 9 sitting judges. The message was clear: America does not [tolerate foreign courts claiming jurisdiction] over its citizens.

If a foreign tribunal can decide when American laws no longer matter, then constitutional rights depend on international approval instead of the Constitution itself. That is not justice. It is an erosion of national sovereignty and self-government.