The 1949 Geneva Conventions already require any country to search for perpetrators of the most serious war crimes, regardless of their rank or nationality, and allow states to bring them to justice before their own courts. These Conventions have long enjoyed nearly universal ratification, including by the USA. The 1948 Convention on Genocide also provides no immunity for suspects of such a crime. Amnesty International believes that the same principle applies to crimes against humanity.
"The concerns expressed by the USA are utterly misplaced," Amnesty International stated.
The Rome Statute of the ICC has strong safeguards against politically-motivated, unfounded prosecutions. These include an independent Prosecutor elected by the state parties. The Prosecutor will need authorization from a panel of judges before starting an investigation. The Security Council has the authority to defer of any investigation. The ICC will only act if national courts are unable or unwilling to take action.
"The concerns expressed by the USA are utterly misplaced," Amnesty International stated.
The Rome Statute of the ICC has strong safeguards against politically-motivated, unfounded prosecutions. These include an independent Prosecutor elected by the state parties. The Prosecutor will need authorization from a panel of judges before starting an investigation. The Security Council has the authority to defer of any investigation. The ICC will only act if national courts are unable or unwilling to take action.