The U.S. Should Finally Accept the International Criminal Court — Long Overdue, Especially Now After Ukraine.


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Really good piece in the Washington Post arguing for the U.S. to finally accept the International Criminal. Here are some highlights.  

  • The United States in general, not just the Republican Party, has long had a fraught relationship with the ICC. Indeed, some elements of the Biden administration, notably the Pentagon, remain wary of engaging with it.
  • Congress not long after passed the American Service-Members’ Protection Act — a law known to some of its critics as the “Hague Invasion Act,”
  • Is it hypocritical, under these circumstances, for the United States to embrace a court it has so aggressively rejected in the past? Perhaps so. But that doesn’t change the fact that the United States is surely right to support accountability for the horrific crimes being committed in Ukraine.
  • There is no getting around the charge of hypocrisy. To repair its image, the United States should, in future conflicts, be more transparent and aggressive about its own investigations into alleged crimes by its military personnel, making clear that it respects the ICC’s values if not its jurisdictional authority.

About Stuart Malawer

Distinguished Service Professor of Law & International Trade at George Mason University (Schar School of Public Policy).
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