Here's why powerful countries like USA, China, Russia disagree with ICC

Some of the world’s most powerful countries have questioned the laws of the International Criminal Court.

The International Criminal Court was established to prosecute international crimes . It  was formally established in 2002 after 60 countries ratified the Rome statute. The ICC was created to prosecute war crimes, crimes against humanity, genocide and the like.

Photos by NTA and Jordan Russian Center

The International Criminal Court was established to prosecute international crimes . It  was formally established in 2002 after 60 countries ratified the Rome statute. The ICC was created to prosecute war crimes, crimes against humanity, genocide and the like.

Despite this, countries have questioned the ICC  to the point of not wanting to be a part of it.

For  one, the United States since the approval of the Rome Statute in 1998 , has refused to join the ICC because it lacks prudent safeguards against political manipulation, possesses sweeping authority without accountability to the U.N. Security Council, and violates national sovereignty by claiming jurisdiction over the nationals and military personnel of non-party states in some circumstances.

The ICC has jurisdiction over individuals, including elected or appointed government officials, and its judgments may be directly enforced against them, regardless of their own national constitutions or court systems.

The court has potential to shape the policies of the nations it encompasses. These include the core issues of when states can lawfully resort to armed force, how that force may be applied, and whether particular actions constitute the very serious international offenses of war crimes, crimes against humanity, or genocide.

The USA then came up with Article 98 Agreements which state that “Because the ICC could claim jurisdiction over non-parties to the Rome Statute--an assertion unprecedented in international legal jurisdiction--the Bush Administration sought legal protections to preclude nations from surrendering, extraditing, or transferring U.S. persons to the ICC or third countries for that purpose without U.S. consent. Under an Article 98 agreement, a country agrees not to turn U.S. persons over to the ICC without U.S. consent.”

China also opposes the ICC for five main reasons; First, its jurisdiction is not based on the principle of voluntary acceptance.

Secondly, also war crimes in internal armed conflicts fall under the jurisdiction of the ICC. Thirdly, crimes against humanity are prohibited in time of peace as well. Fourthly, the inclusion of the crime of aggression within the jurisdiction of the ICC weakens the power of the UN Security Council. Fifthly, the proprio motu power of the Prosecutor may make the ICC open to political influence.

China has overseas military commitments that make them unconcerned if its troops may one day come under the ICC.

Russia has also withdrawn its signature from ICC's founding statute after the court published a report classifying the Russian annexation of Crimea as an occupation.

The report recognized the annexation of Crimea as a military conflict between Russia and Ukraine, and classified it as an occupation.

“According to information received, the situation in the Crimea and Sevastopol is equivalent to the international armed conflict between Ukraine and the Russian federation,” a preliminary report from the ICC prosecutor Fatou Bensouda stated.

African countries South Africa, Burundi and Gambia – have signalled their intention to pull out, following complaints that ICC prosecutions focused excessively on the African continent.

The ICC is now targetting Philippine President Rodrigo Duterte for the extrajudicial killings linked with his war against drugs.

It has also requested the release of alleged narcoplotician Senator Leila de Lima who has been incarcerated after dueling with Duterte, and questioning his drug war.

SOURCE: The Guardian, Heritage, Academic

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