Global Issues
International Criminal Court (ICC)
The International Criminal Court was established by a multi-lateral treaty known as the Rome Statute. The United States did not sign that treaty. The U.S. did not sign because it believes the Rome Statute is flawed. It lacks safeguards against politically motivated prosecutions. The U.S. believes the ICC is an 'ad hoc' court that does not fall under the international authority of anyone. It seeks to exercise 'extra-territoriality' -- jurisdiction over nationals of states that have not consented to establishing the ICC.
The U.S. is not a party to the treaty and does not accept ICC jurisdiction over U.S. citizens.
The United States has a robust, mature civilian legal and court system and military code of justice and military court system for investigating and prosecuting war crimes allegations against U.S. citizens and troops.
The U.S will investigate aggressively any serious allegation that an American citizen was responsible for war crimes. The United States will not, however, allow its citizens - military or civilian - to be subject to politically motivated allegations in a court the U.S. does not recognize, established under a treaty it did not sign.
Article 98 Agreements
The Rome Statute anticipated that countries might not accept ICC jurisdiction over their citizens. Article 98 was included in the treaty to allow countries to establish these bilateral agreements not to surrender their nationals.
An Article 98 Agreement has three basic components. First is affirmation of both countries' commitment to bring to justice those who commit genocide, crimes against humanity, and war crimes. Second, it confirms both countries' intention to investigate and to prosecute where appropriate acts committed by their officials, employees, military personnel, or nationals. Third, it commits the other country to refrain from surrendering or transferring a U.S. government official, employee, military personnel, or national by any means to the ICC or to a third country or entity for the purpose of surrender or transfer to the ICC, without the consent of the United States.
Article 98 Agreements protect U.S. citizens from being subject to a treaty that we have not signed.
NATO accession is not conditional on signing an Article 98 Agreement.
Under the American Servicemen's Protection Act, certain categories of U.S. military assistance were suspended July 1, 2003, to countries that have not signed an Article 98 Agreement.