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Why did the ICC decide not to probe alleged US atrocities in Afghanistan?
Why is Turkey still denying the Armenian genocide?Nuremberg defense for common soldiers and war of aggressionHow and why did the Netherlands stop Japanese citizens from working without a permit?Does one country cutting off defensive cooperation with another country constitute a valid casus belli as per international law?Why do nations & international bodies not intervene using military force to stop genocides in nations where they don't have a geopolitical interest?How did the United States ''enhanced'' interrogations (waterboarding) not violate Geneva Convention?Why did France not sign the Vienna Convention on the Law of Treaties?What are the options to a hosting country if a foreign embassy imprisoned someone inside it?For what reasons does India not provide proof that it attacked terrorists on Pakistani soil?Henry Kissinger and the International Criminal court
Why did the ICC decide not to probe alleged US atrocities in Afghanistan? The ICC said that investigating these alleged US atrocities would not serve the interest of justice. What do they mean by that and is the ICC fearful of a US retaliation against it?
international-relations international-law
asked May 11 at 21:08
blackbirdblackbird
3539
add a comment |
Why did the ICC decide not to probe alleged US atrocities in Afghanistan? The ICC said that investigating these alleged US atrocities would not serve the interest of justice. What do they mean by that and is the ICC fearful of a US retaliation against it?
international-relations international-law
asked May 11 at 21:08
blackbirdblackbird
3539
add a comment |
Why did the ICC decide not to probe alleged US atrocities in Afghanistan? The ICC said that investigating these alleged US atrocities would not serve the interest of justice. What do they mean by that and is the ICC fearful of a US retaliation against it?
international-relations international-law
asked May 11 at 21:08
blackbirdblackbird
3539
Why did the ICC decide not to probe alleged US atrocities in Afghanistan? The ICC said that investigating these alleged US atrocities would not serve the interest of justice. What do they mean by that and is the ICC fearful of a US retaliation against it?
international-relations international-law
international-relations international-law
asked May 11 at 21:08
blackbirdblackbird
3539
asked May 11 at 21:08
blackbirdblackbird
3539
asked May 11 at 21:08
blackbirdblackbird
3539
asked May 11 at 21:08
blackbirdblackbird
3539
asked May 11 at 21:08
blackbirdblackbird
3539
3539
add a comment |
add a comment |
2 Answers
2
active
oldest
votes
The US is not a State party to the ICC, and doesn't recognize its legitimacy or authority.
This would not matter if the US generally cooperated with the ICC, but that is not the case: the US recently issued Visa bans on ICC staff.
As such, even if the court were to find something it would be pointless to prosecute because, unable to get their hands on the perpetuators, the court wouldn't be able to offer proper remedy.
answered May 12 at 4:18
Denis de BernardyDenis de Bernardy
18.2k35078
1
According to the hrw.org article you linked, "ICC judges will determine whether an Afghanistan investigation will be opened [to probe alleged US atrocities there]. The ICC prosecutor will decide whether to proceed with a Palestine investigation." Just because their investigation is not actionable, doesn't mean it's pointless. They'll release their findings which if founded, will send a message. I'm confident the US will investigate this in good faith and prosecute if warranted (we love to prosecute people), although that might have to wait for a president who's initials are not Donald Trump.
– Kevin Fegan
May 12 at 8:32
4
@KevinFegan: It might be just me but I'm not expecting the Trump administration to cooperate much, if at all. Obama's administration wasn't always cooperative either, for that matter.
– Denis de Bernardy
May 12 at 10:40
1
@KevinFegan I do not think that the US will do anything even if there is a report with damming material. The US has a long trackrecord of defying any and all international control/international denouncement.
– Lovapa
May 12 at 13:31
add a comment |
The ICC does not investigate every crime in the world, or even every war crime. They act
- when the UNSC refers cases to the court, or
- when individual nations refer cases to the court, or
- when individual states are unwilling to prosecute war crimes.
Since the first two conditions have not been met, the ICC would have come to conclude that US military justice system is unwilling to prosecute war crimes by their servicemen. Consider the Behenna or Bales cases, which came to a guilty verdict.
answered May 12 at 4:28
o.m.o.m.
13.6k22855
add a comment |
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2 Answers
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2 Answers
2
active
oldest
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active
oldest
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active
oldest
votes
The US is not a State party to the ICC, and doesn't recognize its legitimacy or authority.
This would not matter if the US generally cooperated with the ICC, but that is not the case: the US recently issued Visa bans on ICC staff.
As such, even if the court were to find something it would be pointless to prosecute because, unable to get their hands on the perpetuators, the court wouldn't be able to offer proper remedy.
answered May 12 at 4:18
Denis de BernardyDenis de Bernardy
18.2k35078
1
According to the hrw.org article you linked, "ICC judges will determine whether an Afghanistan investigation will be opened [to probe alleged US atrocities there]. The ICC prosecutor will decide whether to proceed with a Palestine investigation." Just because their investigation is not actionable, doesn't mean it's pointless. They'll release their findings which if founded, will send a message. I'm confident the US will investigate this in good faith and prosecute if warranted (we love to prosecute people), although that might have to wait for a president who's initials are not Donald Trump.
– Kevin Fegan
May 12 at 8:32
4
@KevinFegan: It might be just me but I'm not expecting the Trump administration to cooperate much, if at all. Obama's administration wasn't always cooperative either, for that matter.
– Denis de Bernardy
May 12 at 10:40
1
@KevinFegan I do not think that the US will do anything even if there is a report with damming material. The US has a long trackrecord of defying any and all international control/international denouncement.
– Lovapa
May 12 at 13:31
add a comment |
The US is not a State party to the ICC, and doesn't recognize its legitimacy or authority.
This would not matter if the US generally cooperated with the ICC, but that is not the case: the US recently issued Visa bans on ICC staff.
As such, even if the court were to find something it would be pointless to prosecute because, unable to get their hands on the perpetuators, the court wouldn't be able to offer proper remedy.
answered May 12 at 4:18
Denis de BernardyDenis de Bernardy
18.2k35078
1
According to the hrw.org article you linked, "ICC judges will determine whether an Afghanistan investigation will be opened [to probe alleged US atrocities there]. The ICC prosecutor will decide whether to proceed with a Palestine investigation." Just because their investigation is not actionable, doesn't mean it's pointless. They'll release their findings which if founded, will send a message. I'm confident the US will investigate this in good faith and prosecute if warranted (we love to prosecute people), although that might have to wait for a president who's initials are not Donald Trump.
– Kevin Fegan
May 12 at 8:32
4
@KevinFegan: It might be just me but I'm not expecting the Trump administration to cooperate much, if at all. Obama's administration wasn't always cooperative either, for that matter.
– Denis de Bernardy
May 12 at 10:40
1
@KevinFegan I do not think that the US will do anything even if there is a report with damming material. The US has a long trackrecord of defying any and all international control/international denouncement.
– Lovapa
May 12 at 13:31
add a comment |
The US is not a State party to the ICC, and doesn't recognize its legitimacy or authority.
This would not matter if the US generally cooperated with the ICC, but that is not the case: the US recently issued Visa bans on ICC staff.
As such, even if the court were to find something it would be pointless to prosecute because, unable to get their hands on the perpetuators, the court wouldn't be able to offer proper remedy.
answered May 12 at 4:18
Denis de BernardyDenis de Bernardy
18.2k35078
The US is not a State party to the ICC, and doesn't recognize its legitimacy or authority.
This would not matter if the US generally cooperated with the ICC, but that is not the case: the US recently issued Visa bans on ICC staff.
As such, even if the court were to find something it would be pointless to prosecute because, unable to get their hands on the perpetuators, the court wouldn't be able to offer proper remedy.
answered May 12 at 4:18
Denis de BernardyDenis de Bernardy
18.2k35078
answered May 12 at 4:18
Denis de BernardyDenis de Bernardy
18.2k35078
answered May 12 at 4:18
Denis de BernardyDenis de Bernardy
18.2k35078
answered May 12 at 4:18
Denis de BernardyDenis de Bernardy
18.2k35078
18.2k35078
1
According to the hrw.org article you linked, "ICC judges will determine whether an Afghanistan investigation will be opened [to probe alleged US atrocities there]. The ICC prosecutor will decide whether to proceed with a Palestine investigation." Just because their investigation is not actionable, doesn't mean it's pointless. They'll release their findings which if founded, will send a message. I'm confident the US will investigate this in good faith and prosecute if warranted (we love to prosecute people), although that might have to wait for a president who's initials are not Donald Trump.
– Kevin Fegan
May 12 at 8:32
4
@KevinFegan: It might be just me but I'm not expecting the Trump administration to cooperate much, if at all. Obama's administration wasn't always cooperative either, for that matter.
– Denis de Bernardy
May 12 at 10:40
1
@KevinFegan I do not think that the US will do anything even if there is a report with damming material. The US has a long trackrecord of defying any and all international control/international denouncement.
– Lovapa
May 12 at 13:31
add a comment |
1
According to the hrw.org article you linked, "ICC judges will determine whether an Afghanistan investigation will be opened [to probe alleged US atrocities there]. The ICC prosecutor will decide whether to proceed with a Palestine investigation." Just because their investigation is not actionable, doesn't mean it's pointless. They'll release their findings which if founded, will send a message. I'm confident the US will investigate this in good faith and prosecute if warranted (we love to prosecute people), although that might have to wait for a president who's initials are not Donald Trump.
– Kevin Fegan
May 12 at 8:32
4
@KevinFegan: It might be just me but I'm not expecting the Trump administration to cooperate much, if at all. Obama's administration wasn't always cooperative either, for that matter.
– Denis de Bernardy
May 12 at 10:40
1
@KevinFegan I do not think that the US will do anything even if there is a report with damming material. The US has a long trackrecord of defying any and all international control/international denouncement.
– Lovapa
May 12 at 13:31
1
1
According to the hrw.org article you linked, "ICC judges will determine whether an Afghanistan investigation will be opened [to probe alleged US atrocities there]. The ICC prosecutor will decide whether to proceed with a Palestine investigation." Just because their investigation is not actionable, doesn't mean it's pointless. They'll release their findings which if founded, will send a message. I'm confident the US will investigate this in good faith and prosecute if warranted (we love to prosecute people), although that might have to wait for a president who's initials are not Donald Trump.
– Kevin Fegan
May 12 at 8:32
According to the hrw.org article you linked, "ICC judges will determine whether an Afghanistan investigation will be opened [to probe alleged US atrocities there]. The ICC prosecutor will decide whether to proceed with a Palestine investigation." Just because their investigation is not actionable, doesn't mean it's pointless. They'll release their findings which if founded, will send a message. I'm confident the US will investigate this in good faith and prosecute if warranted (we love to prosecute people), although that might have to wait for a president who's initials are not Donald Trump.
– Kevin Fegan
May 12 at 8:32
4
4
@KevinFegan: It might be just me but I'm not expecting the Trump administration to cooperate much, if at all. Obama's administration wasn't always cooperative either, for that matter.
– Denis de Bernardy
May 12 at 10:40
@KevinFegan: It might be just me but I'm not expecting the Trump administration to cooperate much, if at all. Obama's administration wasn't always cooperative either, for that matter.
– Denis de Bernardy
May 12 at 10:40
1
1
@KevinFegan I do not think that the US will do anything even if there is a report with damming material. The US has a long trackrecord of defying any and all international control/international denouncement.
– Lovapa
May 12 at 13:31
@KevinFegan I do not think that the US will do anything even if there is a report with damming material. The US has a long trackrecord of defying any and all international control/international denouncement.
– Lovapa
May 12 at 13:31
add a comment |
The ICC does not investigate every crime in the world, or even every war crime. They act
- when the UNSC refers cases to the court, or
- when individual nations refer cases to the court, or
- when individual states are unwilling to prosecute war crimes.
Since the first two conditions have not been met, the ICC would have come to conclude that US military justice system is unwilling to prosecute war crimes by their servicemen. Consider the Behenna or Bales cases, which came to a guilty verdict.
answered May 12 at 4:28
o.m.o.m.
13.6k22855
add a comment |
The ICC does not investigate every crime in the world, or even every war crime. They act
- when the UNSC refers cases to the court, or
- when individual nations refer cases to the court, or
- when individual states are unwilling to prosecute war crimes.
Since the first two conditions have not been met, the ICC would have come to conclude that US military justice system is unwilling to prosecute war crimes by their servicemen. Consider the Behenna or Bales cases, which came to a guilty verdict.
answered May 12 at 4:28
o.m.o.m.
13.6k22855
add a comment |
The ICC does not investigate every crime in the world, or even every war crime. They act
- when the UNSC refers cases to the court, or
- when individual nations refer cases to the court, or
- when individual states are unwilling to prosecute war crimes.
Since the first two conditions have not been met, the ICC would have come to conclude that US military justice system is unwilling to prosecute war crimes by their servicemen. Consider the Behenna or Bales cases, which came to a guilty verdict.
answered May 12 at 4:28
o.m.o.m.
13.6k22855
The ICC does not investigate every crime in the world, or even every war crime. They act
- when the UNSC refers cases to the court, or
- when individual nations refer cases to the court, or
- when individual states are unwilling to prosecute war crimes.
Since the first two conditions have not been met, the ICC would have come to conclude that US military justice system is unwilling to prosecute war crimes by their servicemen. Consider the Behenna or Bales cases, which came to a guilty verdict.
answered May 12 at 4:28
o.m.o.m.
13.6k22855
answered May 12 at 4:28
o.m.o.m.
13.6k22855
answered May 12 at 4:28
o.m.o.m.
13.6k22855
answered May 12 at 4:28
o.m.o.m.
13.6k22855
13.6k22855
add a comment |
add a comment |
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