But the International Criminal Court would by-pass a nation’s identity and seek to identify, arrest, hold in custody, and try alleged criminals – it has the authority to enforce it. The White House’s spokesperson Ari Fleischer admitted to journalists in July that the ICC already has the power to do so.
“American People” would be tried for crimes such as these: only last year, scores, if not hundreds, of Taliban prisoners of war suffocated to death inside metal cargo containers where they were imprisoned after surrendering to Northern Alliance and U.S. forces in the Afghan city of Kunduz in late November.

The Taliban prisoners, mostly foreign volunteers from Pakistan, died of asphyxiation and injuries inside the airtight shipping containers, during a two or three day journey to a prison in the town of Sheberghan. The details of the deaths were reported in the New York Times.

Article 3 of the Geneva Conventions prohibits “violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture,” of prisoners of war.

Moreover, Article 20 mandates that the “evacuation of prisoners of war shall always be effected humanely.” The same article requires that “the Detaining Power shall supply prisoners of war who are being evacuated with sufficient food and potable water, and with necessary clothing and medical attention” and “take all suitable precautions to ensure their safety during evacuation.”

Should the United States military commanders be brought to trial for allowing such acts?

Their President says no.