International Criminal Court, International Law

Human rights and universal equality under the law represent core values and traditions that Americans have held dear for generations. The United States has made promoting and protecting human rights—and the punishment for those individuals that disrespect these rights—a cornerstone of its foreign policy. Americans strongly support the legal prosecution of individuals who perpetrate the most heinous crimes anywhere in the world. The International Criminal Court was established with the goal of investigating and prosecuting individuals accused of genocide, war crimes, and crimes against humanity. It is the only permanent international court capable of trying individuals accused of genocide, war crimes, and crimes against humanity when there is no other recourse for justice. The ICC acts in the event that national courts become incapacitated or ineffective, and are unable or unwilling to ensure justice.

The ICC is playing an important role in bringing criminals to justice in cases of mass atrocity in Uganda, the Democratic Republic of Congo, and Darfur. It has also helped countries like Afghanistan and Colombia who joined the ICC to strengthen the rule of law and democracy within their own borders. By joining the ICC, they are putting their leaders – as well as rebel groups, drug lords and warlords – on notice that the rule of law now applies to them too.

Public opinion polls consistently show strong American support for U.S. membership in the ICC, as it coincides with strongly held American values like accountability, due process, and the rule of law. For example, 76 percent of Americans agree that “the U.S. should participate in the ICC.” The U.S. is currently not a member of the ICC statute. However, there are still a variety of roles it can play in referring cases, participating as an observer to the statute, and providing information.