Comment by bawolff
11 hours ago
> The US never ratified a treaty establishing the authority of the ICC, so it has not consented to that diminution of sovereignty.
And the ICC never tried to diminish their sovereignty. Juridsiction at the icc works the same way as it does with states.
If you commit a crime on the territory of a sovereign state, that state gets to punish you. If you are a citizen of a soverign state then that state gets to punish you.
That is how it works in countries, and that is how it works at the ICC . ICC is no different from any country. The crime has to happen on the territory of a member state or be comitted by a national of a member state (im ignoring the referral from UNSC part as that is obscure)
> If you commit a crime on the territory of a sovereign state, that state gets to punish you. If you are a citizen of a soverign state then that state gets to punish you.
One big issue is that uninvolved member states are agreeing to enforce ICC warrants up front. For example members states have refused to arrest Putin despite having a theoretical legal obligation to do so.
> That is how it works in countries, and that is how it works at the ICC . ICC is no different from any country.
The ICC is not a country, has no territory itself and has no independent enforcement mechanisms.
> The crime has to happen on the territory of a member state or be comitted by a national of a member state (im ignoring the referral from UNSC part as that is obscure)
The ICC has issued warrants for individuals for alleged crimes committed in at least two states that reject ICC jurisdiction, those states being Afghanistan and Israel.