Should the U.S. Join the ICC?

The people of the United States of America should force their government to join the International Criminal Court (ICC).

The ICC is charged with prosecuting people who commit war crimes and crimes against humanity. It is meant to be a global organization, so that no one in the world can get away with these crimes. Currently 123 nations are members.

The United States of America (USA) is not a member. The USA helped plan for the ICC and participated in writing the Rome Statute of the International Criminal Court. But then the U.S. representative voted against the U.N. sponsored convention in 1998. Our government refused to ratify the statute or participate in the ICC. [Strangely, the U.S. had signed the statute after voting against the actual wording].

Why? Because equality before the law is a fine concept when used to hang Nazi or Japanese leaders or African dictators. But the U.S. Congress and Presidents, political parties and generals don't want the laws against war crimes and crimes against humanity applied to them.

This is true even though the statute only allows for prosecution of crimes committed after the treaty came into effect (after a sufficient number of nations ratified it) on July 1, 2002. The vast sweep of American history, and its vast array of war criminals, living and dead, are safe from prosecution for crimes committed before that date.

It is possible that even if the U.S. (and other renegade nations like Russia, China, and India) were to join the ICC, our leaders would continue to commit crimes. The U.S. could also refuse to accept the judgment of the court after a crime is committed. But it seems likely that the crime rate would go down if criminal masterminds thought there was any possibility that they would be prosecuted.

The only way the U.S. will join the ICC is if there is sufficient pressure from below. Most of the USA's ruling elite have committed or condoned war crimes. They are still bent on committing war crimes and crimes against humanity if that should serve their economic or political purposes.

Pressure from below has been scant because most Americans think all our national actions are justified in some way. If you remind them of what was considered a war crime at the Nuremberg Trials of German leaders in 1945 (or of the Japanese in the Far East Tribunal), they have no problem with it. Try then reminding them of American historic actions that clearly would be considered war crimes under the Nuremberg rules. Watch them weasel out reasons (they are repeating from USA propaganda mills) why the USA is excused in each and every case.

It is hard to say which political party is worse, the Republican Party or the Democratic Party. Republican rhetoric tends to dismiss the ICC and any suggestion that Republicans have ever committed war crimes as internationalist communist U.N. conspiracy theory. Many Democrats give lip service to the ideal of peace, and won't admit that the three worst American war criminals of the 20th century were Democratic Party leaders: Presidents Franklin Roosevelt, Harry Truman, and Lyndon Johnson.

A little-known aspect (in the USA) of the Nuremberg rules is how a political party is designated as a war-crimes organization. The court's guideline was that if one of the leaders was convicted of a major war crime (notably invading another nation), then the entire party was a war crimes organization and was to be outlawed. Thus the Nazi Party was outlawed in Germany after World War II. [See also: War Crimes Organizations and Nuremberg Article 9]

That is the only precedent on the subject. In other words, if it is proven that Lyndon Johnson invaded Vietnam, or Truman ordered unrestricted bombings of cities, or even the invasion of Panama by George H. W. Bush, then their political parties should be banned. According to the one good precedent. Note that the USA set up the Nuremberg trials and made the rules.

The ICC does not seem to be strictly following the precedent of Nuremberg. But since it is not under the absolute control of U.S. war criminals and their organization, there is always the possibility that the current rules could be made more strict.

Each and every citizen of the USA (and the world) should ask: do I understand what actions constitute war crimes or crimes against humanity? Understanding that, should all war criminals be brought to justice, including those of powerful nations like the USA?

Be sure to ask every politician you meet if they support the USA joining the ICC. If one says no, for whatever reason, know you are dealing with a criminal.

Be aware that by registering as a voter in the Democratic Party, or the Republican Party, you have joined a war crimes organization and are condoning war crimes and crimes against humanity.