Comment by eschaton
3 hours ago
It has not, and that’s not what I said.
Let me restate: The US position is that the US justice system “works” and thus *US persons and institutions* must be pursued *within the US system* even by foreign entities.
In other words, the US position is not that if (say) North Korea commits a crime against humanity they must be pursued in US courts; the US is fine with the ICC in that case. The US position is that if the US commits a crime against humanity that must be pursued in US courts, not the ICC.
It’s an obvious (and bullshit) double standard, but it’s also not a denial of the legitimacy of universal jurisdiction. It’s just the US, as usual, trying to have its cake and eat it too.
Why is that a double standard? The US position is that recognized nations have sovereignty, and are the supreme law within their jurisdiction. If there is no recognized legitimate sovereign power, then the US is fine with an international body substituting.
That this standard is complicated, and different from those that argue that international law should be the supreme law, doesn't make it a double standard. It's also not what is meant by universal jurisdiction, as it does not depend on overriding sovereignty.
Edit: Seeing your other comment, it's also worth noting this was a large reason why the US didn't sign the Rome statute, since as you note, the US isn't inherently opposed to the idea of international courts, only the supremacy of their jurisdiction.