بررسي دلايل ايالات متحده آمريكا در عدم الحاق به ديوان بين المللي كيف

WHY THE UNITED STATES OF AMERICA DOES NOT JOIN THE INTERNATIONAL CRIMINAL COURT?

International Criminal Court, was established as a permanent international legal institution with especial jurisdiction to investigate and prosccute serious international crimes including genocide, crimes against humanity, war crimes and aggression, to prevent such crimes in the future. Despite the active role of the United States of America in the negotiations of the Rome Statute in 1998 and signing the Statute in 2000, it decided to suspend its signature of the Rome Statute on May 6, 2002 and informed the Secretary General of the United Nations that the US recognized no obligation towards the Rome Statute. This US position has been the basis of its internal and international measures regarding the Court. The US has criticized legal and political issues regarding the work and structure of the International Criminal Court. The main objections stated by the US Government will be discussed in this article that include the power of the office of the prosecutor and the role of the Prosecutor, ne bis in idem, the absencc of the jury, the Courtʹs role in definition of aggression, the interference of the Security Council and the Court, the absence of death penalty in the Statute, the threat of putting US soldiers and government officials at risk of politicized prosecutions, underlining US national security and national interest