In view of the audacity shown by the ICC in authorizing the Afghanistan investigation, new sanctions have been imposed on two ICC officials in the contemporary period. To legitimize its aggressive actions against the ICC, the US has relied on contorted legal arguments.
Repeatedly, the US has declared that it is not a party to the Rome Statute that created the ICC and, being a non-signatory national, is not bound by the norms created by the ICC. Contrary to this reasoning, the core crimes within the ICC’s jurisdiction-genocide, crimes against humanity, and war crimes-are crimes of universal jurisdiction and thus, the nationals of the US can be subject to prosecution before the court. Echoing this point, the UN General Assembly has declared: “States shall co-operate with each other on a bilateral and multilateral basis with a view to halting and preventing war crimes and crimes against humanity, and shall take the domestic and international measures necessary for that purpose.” Moreover, nationals of non-Party States have long been exposed to potential prosecution without the consent of their governments. The US itself has accepted this by becoming party to treaties such as the Geneva Conventions and the UN Convention against Torture which obligate the parties to pursue the malefactor regardless of whether they are a national of a state that is party to the treaty in question.
By punishing the ICC for attempting to expose the barbarism of its war on Afghanistan, the US has overtly outlined the coercive foundations upon which its empire is built. Slowly and steadily, it is becoming clear that the US is guided by imperialist interests and is willing to flout any law to expand its empire.USA’s Strangulation of the International Criminal Court