"Anyone that can’t understand why the US should not join the International Criminal Court should be able to figure it out now."
It was in relation to a Spanish Judge wanting to question some US Soldiers in relation to the death of Spanish soldiers. It was off base because the Spanish judge had nothing to do with the ICC. But, it also showed the general misunderstanding of the ICC in relation to prosecution of US soldiers. It has been the argument from the right as to why we should not join the ICC. It is an argument that is wholly unfounded. The Rome Statute that set the rules of the court specifically exempts its jurisdiction from any signatory state that is willing to investigate and hold accountable their own citizens
Issues of admissibility
1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:
(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;
(c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;
(d) The case is not of sufficient gravity to justify further action by the Court.
The argument that US soldiers would be brought before the ICC for perceived or real human rights abuses is complete false and without merit. Even as an ICC member, the US would retain its right to investigate, prosecute, convict or acquit our own military personnel. Arguing that the US military would be beholden to a world court is just another attempt at misleading the American people.