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The International Criminal Court, also known as the ICC, is an international organization that reviews war crimes and prosecutes war criminals. Its headquarters is located in The Hague, Netherlands. Distinct from the International Court of Justice (ICJ), an umbrella of the United Nations, the ICC works closely with both organizations.
The first mentions of international tribunals came post World War One, but the trials were formally enacted in the aftermath of World War Two, known as the Nuremberg Trials. On July 17th, 1998, 120 nations formalized the Rome Statute to create the International Criminal Court.
Investigating war crimes worldwide in Africa, Europe, Latin America, and Asia, the ICC has set a standard to hold all nations accountable for war crimes—but some major players continue to hold out. The United States has not complied with the ICC, especially regarding controversial military actions in Iraq and Afghanistan. With Washington attempting to back Ukraine and the rest of Eastern Europe from Russian genocidal actions, now is the time to mend its policies with the ICC and comply with their standards.
The United States has a non-working relationship with the International Criminal Court. America is not a member of the Rome Statute, and policies towards the ICC have been tense.
In 2018, Washington threatened to enact sanctions on judges at The Hague for investigating US war crimes in Afghanistan. Washington has argued that the court holds a ‘bias’ against the country and is an “existential threat.”
Decades of conflict, particularly in Afghanistan and Iraq, along with questionable drone strikes worldwide, show that perpetual warfare is an even more significant threat to the nation.
The fog of war can bring out the worst in man, and US forces are no exception to this. Nevertheless, decades of covering up war crimes have enacted a negative perception of the US government on the international stage.
America Fails to Help Ukraine Due to Its Policies with the ICC
The Russian invasion of Ukraine is Europe’s most significant land war since World War Two. Filled with many war crimes, including the carpet bombing of cities and wide-scale massacres, the International Criminal Court has been extremely busy documenting cases. One of these included the indictment of Russian President Vladimir Putin for the deportation and abduction of thousands of Ukrainian children.
The Pentagon is blocking the White House from sharing evidence and intelligence gathered on Russian war crimes and criminals with the ICC. This could have detrimental effects on the post-war tribunal and US foreign policy.
Ukraine, which has relied upon significant diplomatic and military support from the United States, will need this data forwarded to The Hague to continue pushing for military tribunals. The Pentagon blocking data sharing on evidence with a growing partner indirectly sends a message that the nation is not severe with prosecuting war criminals and abiding by international law.
Allies, who could be engaged in wars in the future, will be hesitant to request diplomatic help from the United States as they’ll realize Washington is looking after its self-interests more than internal law.
Then-Vice President, now-President Biden, and Dr. Henry Kissinger during the 45th Munich Security Conference 2009 (Kai Mörk, CC BY 3.0 DE, via Wikimedia Commons).
Why the United States Should Change its Stance
The invasion of Ukraine has been a nightmare for Russia and the United States. Washington, which attempted to warn the world of the impending all-out assault eight months prior, would come in vain. Much of the world, remembering false casus bellis in Iraq and Vietnam, saw the United States as “warmongering” and “provoking” Russia. The Kremlin amplified this stance for months, mocking American intelligence agencies in their state-owned media while amassing hundreds of thousands of troops on the Ukrainian border.
In the backdrop of the War in Ukraine and the rise of China, attempting to build its multipolar coalition against American interests, now is the time for the US to reassess its stance towards the ICC. For decades, risky American foreign policy decisions have negatively affected tens, if not hundreds, of millions.
Vladimir Putin highlighted American interventions in Iraq and Kosovo as justifications for his brutal war on Ukraine. Other despots will continue to underline US war crimes and risky interventions as their juxtaposition for their evil dead. If the US wants to continue to combat Chinese expansion and influence worldwide, it must first show it is willing to uphold international law.
To show the world the United States is not above the law, reconciling with the International Criminal Court is in its best interest. With ever-changing geopolitics and past misdeeds by risking foreign policy decisions, Washington must display honor over personal interests and not allow American exceptionalism to continue to dictate our grandstanding with the international community.
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