• Pips@lemmy.sdf.org
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          5 months ago

          The US didn’t sign on to the treaty that creates the ICC’s jurisdiction. In most countries, you still need to at least pretend to have jurisdiction to bring criminal charges. Unlike people, states can only be sued to the degree they consent to be sued. It’s what sovereign immunity is based on and it’s a very double-edged sword.

          Also, outside of a few warlords, the ICC is pretty bad at enforcing international law because they have no way to do so. The ICC is inefficient and slow. Someone has to actually bring the defendant to them to stand trial, then countries negotiate over who doesn’t have to deal with jailing the person if they’re convicted.

          It’s also arguably super imperialist, given that it was designed by a bunch of Western powers and has mostly been used to enforce international law against individuals from Africa. The two Russians who are being “prosecuted,” Putin and Lvova-Belova, can’t be detained because the ICC has no power to enforce their warrants. Granted, these people are often evil, but it’s not like the West doesn’t have its fair share of evil people.

          All that to say, while this looks good, it’s mostly just PR. We also arguably don’t want the ICC prosecuting Americans. We should instead make our domestic system better.

          Source: Used to work on analyzing ICC cases and I’ve read thousands of filings from various cases. It’s a well-intentioned but highly flawed system that is basically only designed to prosecute international crimes in Africa and doesn’t really focus on anything else.

      • TallonMetroid@lemmy.world
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        5 months ago

        Neither are the Israelis, but that doesn’t matter, because Palestine is. Well, I say that, but to be fair the US isn’t directly operating in Palestinian territory, “merely” aiding and abetting Israeli operations. I personally feel that should count, but I won’t be the one arguing in court. 🤷

    • zib@kbin.melroy.org
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      5 months ago

      Agreed. I know it’s purely wishful thinking, but I dream of a day that our government can be somehow held accountable for war crimes, so that they might actually stop committing them.

    • disguy_ovahea@lemmy.world
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      5 months ago

      I do too, but don’t get too excited. At the rate the ICC works, it could take them years to hold trial.

      The upside is that this could prompt Biden to mandate the State Department perform a reassessment. Leahy Law can’t be supported by outside intelligence unsubstantiated by the State Department. Once he has a conclusive report, it doesn’t matter what congressional legislation states.

  • NateNate60@lemmy.world
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    5 months ago

    I’m 90% sure that if Sanders was elected president in 2020, the US would have ratified the Rome Statute of the ICC.

  • Glytch@lemmy.world
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    5 months ago

    It’s not going to happen and the Hague doesn’t actually want it to. Unless they want Navy SEALs knocking down their doors.

    Look up the American Service-Members Protection Act if you don’t believe me.

    Note: this is not a policy that I support, but it is official US policy.

    • UnderpantsWeevil@lemmy.world
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      5 months ago

      Unless they want Navy SEALs knocking down their doors.

      I can hear the chuds screaming “The ICJ is about to find out why we can’t afford health care!” from all the way on the other side of the Atlantic.

      But Americans sending special forces into the center of Europe to canoe a couple of mid-level paper pushers at the UN over a sternly worded letter would maybe not be the most savvy foreign policy over the long term.

      • Glytch@lemmy.world
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        5 months ago

        But Americans sending special forces into the center of Europe to canoe a couple of mid-level paper pushers at the UN over a sternly worded letter would maybe not be the most savvy foreign policy over the long term.

        I couldn’t agree more!

  • varoth@lemmy.world
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    5 months ago

    Good. Let’s issue warrants for all current and former presidents too as they’re all war criminals.

  • Jeena@jemmy.jeena.net
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    5 months ago

    Once the US and Russia march in in South Africa, that annoying voice talking about the annoying human rights will be quiet very fast.

    Did South Africa forget what they together accomplished against Germany? /s