After the Rome Statute reached the requisite 60 ratifications in 2002, President George W. Bush’s Administration sent a note to the UN Secretary General on May 6, 2002. The note suspended the signature of the US and informed the Secretary General that the US recognized no obligation toward the Rome Statute. In addition, the US stated that its intention not to be become a member state be reflected in the UN depositry’s list. This is because signatories have an obligation not to undermine the object and purpose of a treaty. The US could engage with the Court by reactivating its signature to the Rome Statute by a letter to the UN Secretary General. A treaty that is not ratified is not legally binding.
Below, I’ve reproduced just the first two pages of this State Department summary of the world’s reaction. It’s followed by a country by country summary – scathing! This about sums it up, "The universal bone of contention was that Washington is ‘undermining’ international principles pertaining to human rights, peacekeeping and the rule of law that the U.S. itself was instrumental in establishing." "Consequently, the U.S. refusal to recognize the ICC’s authority was seen as an attempt to help Israel escape prosecution for its ‘war crimes’ in Palestine and for the U.S. to avoid its own ‘war crimes’ in Afghanistan and those it ‘plans to commit in Iraq.’" Read it knowing this is your country they’re talking about. We were not fooling anybody…
ICC: U.S. ’GOING IT ALONE’ AND BOSNIA DISPUTE SPOIL COURT’S OPENING DAY KEY FINDINGS
– U.S. objections to the ICC and its "threat" to veto the UNSC extension of the Bosnia peacekeeping mission were denounced worldwide as the ultimate in U.S. "arrogance."
– Despite efforts to forge a deal on Bosnia, European critics balked at the bid for immunity, convinced that concessions would undermine the ICC and jeopardize UNPK missions.
– Some, mainly in conservative European outlets, found the U.S. reservations ’Justified," but worried about this "row" widening the "gap" between both sides of the Atlantic.
– Arab writers interpreted the U.S. bid for immunity as Washington’s attempt to remain unfettered in an anti-terror war against Arabs.
– Observers in Asia, Latin America and Africa saw the world embarking on a new era in international law without the increasingly "isolated" U.S.
REGIONAL VIEWS: EUROPE: Most Say U.S. worries unfounded. A prevailing view was that there was nothing to "fear" about the ICC exerting "undue influence"on any country, suggesting that U.S. worries about subjecting its citizens to "random judgment" were "manufactured" and its sovereignty concerns "exaggerated." On behalf of ICC defenders who believed that the "rules for a fair tribunal" were in place, Berlin’s right-of-center Die Welt argued that the U.S. view was based on an understanding of sovereignty that "has probably been overtaken by historical events." Critics on the left charged that the president’s objections to the ICC-were not "motivated by concerns of U.S. soldiers," but by his goal of "solidifying his power" ahead of the November elections. But some understand American opposition. Countering the charges piling up against the U.S., some conservative and center-right dailies in Germany and Belgium aimed their criticism at European "self-righteousness." These analysts contended that the U.S. was carrying the greater peacekeeping "burden" to keep the world "more or less stable," suggesting that Europe was "incapable" of putting out fires in its own backyard – was in no position to complain. They also worried about the danger of a U.S.-EU divide. As Brussels’ Christian-Democrat De Standaard put it: "Americans can be blamed, for many things," but argued that Europe’s unbelievable self-complacency" was also at fault. MIDEAST: EAST/SOUTH ASIA: AFRICA/LATIN AMERICA: pages 579-560
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Just read Frank Rich’s op-ed in the NYtimes and it’s right on. I hope President Obama reads it and makes another speech about why were all feeling very depressed and who caused this mess. We of similar minds having been saying that those who caused this debacle have to be punished or this will happen again. Never mind moving forward for the country’s sake because the people who caused this Iraq mess are now coming out of the woodwork to praise themselves and they are now giving us advice on what we need to do to another country. They need to be stopped in their tracks with shame and punishment not given platforms to make more war. Obama and company need to use lots of wisdom not forgiveness for their immoral behavior.