Will Obama Join the International Criminal Court? If so, would

[Pryderi]

Bush-Cheney et. al. be able to be prosecuted?

[Spazito]

1. That is one of my wishes!

The US should be part of the ICC, it is, in many ways, a follow-up to the original philosophy of the Nuremberg Trials, imo.

[Pryderi]

4. Agreed. It'd be a great step towards rejoining the civilized world.

[polly7]

2. I'm not sure if it will even be possible for the ICC to charge them now.

Under the Rome Statute for the ICC, the court has jurisdiction over cases where the suspect is a national of a state that is a party to the treaty, or where the crimes were committed on the territory of state that is a party to the treaty, or where the case is referred to the court by the United Nations Security Council. Because the US will not be a party to the treaty, US nationals would only fall within the jurisdiction of the court if they were accused of crimes committed on the territory of a state party. (As a permanent member of the UN Security Council, the United States would be able to veto any attempt to refer a case involving an American citizen to the court.)
http://www.crimesofwar.org/onnews/news-us-icc.html

The United States of America was one of only 7 nations (joining China, Iraq, Libya, Yemen, Qatar and Israel) to vote against the Rome Statute of the International Criminal Court in 1998.
http://www.hrw.org/legacy/campaigns/icc/us.htm

So, am I reading this correctly ....... Bush, Cheney and Rumsfeld et al cannot be tried at the ICC because the war-crimes against them occured in Iraq (another non-member state?)?

[Posteritatis]

3. I'd like for the US to but Congress would never allow it (nt)

[Pryderi]

6. It only takes the President and the Senate to make treaties.

[Posteritatis]

11. I really can't see even this Senate allowing it (nt)

[jody]

5. Obama does not have the authority to join ICC. n/t

[Pryderi]

7. Clinton signed the treaty back in 2001!

http://feminist.org/news/newsbyte/uswirestory.asp?id=4688

[jody]

8. The senate did not ratify the Rome Statute of the International Criminal Court and a treaty that is

not ratified is not legally binding.

[Pryderi]

9. Do you believe we should belong?

[jody]

10. I have mixed opinions heavily influenced by problems with NAFTA under which international

arbitration panels have the authority to override SCOTUS decisions.

I believe criminals like Bush/Cheney should be prosecuted but I also value our nation's sovereignty.