US Opposition to the ICC
Why the world's most powerful country refuses to join the ICC and how that opposition has shaped the Court.
American Exceptionalism and the ICC
The US has the most complex relationship with the ICC of any non-member. It played a major role in creating the ICTY and ICTR, supported the Rome Conference negotiations, but ultimately voted against the Statute. President Clinton signed it in 2000 but recommended against ratification. President Bush 'unsigned' it in 2002 and enacted the American Service-Members' Protection Act, authorizing the President to use 'all means necessary' to free Americans detained by the ICC.
US objections are both principled and strategic. The principled objection is that no American should be subject to a court the US has not consented to, given constitutional protections including jury trial and the Bill of Rights. The strategic objection is that the US military's global presence makes it uniquely vulnerable to politically motivated prosecutions. These objections have bipartisan support, though the intensity of opposition varies by administration.