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I've seen this call a lot, and I think it's important to lay out why a) this is currently not possible and b) why we should advocate to make it possible. Thread: 1/ https://twitter.com/jacobsoboroff/status/1322180569409626113
The #ICC is a treaty-based court. Countries have to agree to be a part of it. Though the United States had a vital role in creating the ICC and has signed the Rome Statute creating the court, it has refused to join. https://www.amicc.org/us-the-icc 2/
While the #ICC can exercise jurisdiction over international crimes committed in countries that have not joined the court. the methods to make that happen make the prosecution of US officials very unlikely. 3/
First, the UN Security Council can refer situations in any country to the #ICC for examination and investigation. However, the permanent 5 members have veto power. The situation in Syria has not been referred because of vetos from China and Russia.
https://www.un.org/press/en/2014/sc11407.doc.htm 4/
https://www.un.org/press/en/2014/sc11407.doc.htm 4/
The United States is a permanent member of the UNSC. How much do you wanna bet that they would veto any attempt to refer a situation within the country to the ICC? #NotLikely 5/
Next, the ICC could examine crimes committed by non-states parties in the territory of a country that HAS joined the court. This is how the #ICC has looked into crimes committed in Afghanistan, including by US officials.
https://www.nytimes.com/2020/03/05/world/europe/afghanistan-war-crimes-icc.html 6/
https://www.nytimes.com/2020/03/05/world/europe/afghanistan-war-crimes-icc.html 6/
As you can imagine, the US government has NOT supported this investigation. I wrote for @First_Focus about how an executive order and sanctions might hinder the court and its impact for child victims of conflict.
https://firstfocus.org/blog/trump-administration-attacks-on-the-international-criminal-court-deprive-children-of-justice%ef%bb%bf 7/
https://firstfocus.org/blog/trump-administration-attacks-on-the-international-criminal-court-deprive-children-of-justice%ef%bb%bf 7/
All of this to say, there is currently no way for US government officials to be held accountable for committing the most grave international crimes before the #ICC. 8/
Frankly, there isn't even a mechanism WITHIN the United States. @SenatorDurbin's bill making crimes against humanity a part of the federal criminal code has never been passed. 9/
But there are many reasons to make joining and supporting international #justice mechanisms a part of our advocacy efforts here at home. It creates a form of external pressure for our officials to do better by all of us, knowing that we and the entire world are watching. 10/
That's not to say it's easy. The international criminal justice process is long, and hard, and can leave victims feeling like justice will never come. But its role in the world is critical for #accountability and rejecting impunity. 11/
I'm sure many people, never thought we would get to a point where we would see widespread violations of human rights such that we need accountability that is outside of our domestic mechanisms. But these mechanisms are for when our worst selves are laid bare. 12/
If you've persevered to the end, here are some organizations working to make US support and participation in international #justice a reality: @ABAICCProject @ABA_ICLC @USfortheICC End/
