What& #39;s the ICC and why does @realDonaldTrump dislike it?

[THREAD]
The ICC is the International Criminal Court ( https://www.icc-cpi.int/ ),">https://www.icc-cpi.int/">... created in 2002 by the Rome Statute.
It& #39;s the first permanent international court for prosecuting various war crimes and "crimes against humanity" (e.g. genocide). Prior to its creation, there had been a host of ad-hoc tribunals, such as Nuremberg trials, Tribunal for Yugoslavia & Tribunal for Rwanda.
It& #39;s the first permanent international court for prosecuting various war crimes and "crimes against humanity" (e.g. genocide). Prior to its creation, there had been a host of ad-hoc tribunals, such as Nuremberg trials, Tribunal for Yugoslavia & Tribunal for Rwanda.
It& #39;s the first permanent international court for prosecuting various war crimes and "crimes against humanity" (e.g. genocide). Prior to its creation, there had been a host of ad-hoc tribunals, such as Nuremberg trials, Tribunal for Yugoslavia & Tribunal for Rwanda.
It& #39;s the first permanent international court for prosecuting various war crimes and "crimes against humanity" (e.g. genocide). Prior to its creation, there had been a host of ad-hoc tribunals, such as Nuremberg trials, Tribunal for Yugoslavia & Tribunal for Rwanda.
Here& #39;s the thing: https://abs.twimg.com/emoji/v2/... draggable="false" alt="🇺🇸" title="Flagge der Vereinigten Staaten" aria-label="Emoji: Flagge der Vereinigten Staaten"> animosity to the ICC is not unique to Trump. So this isn& #39;t *quite* in the same class as the other IOs and treaty commitments that Trump as criticized (https://abs.twimg.com/emoji/v2/... draggable="false" alt="👇" title="Rückhand Zeigefinger nach unten" aria-label="Emoji: Rückhand Zeigefinger nach unten">is a dated list from @CNN) https://www.cnn.com/2019/02/01/politics/nuclear-treaty-trump/index.html">https://www.cnn.com/2019/02/0...
Here are all the treaties and agreements Trump has abandoned

President Donald Trump's decision to begin the process of withdrawing the United States from the Intermediate-Range Nuclear Forces Treaty will end an arms control agreement with Russia that has been...

https://www.cnn.com/2019/02/01/politics/nuclear-treaty-trump/index.html
When President Bill Clinton signed it in 2000, he offered a key reservation: "The United States should have the chance to observe and assess the functioning of the court, over time, before choosing to become subject to its jurisdiction."

http://news.bbc.co.uk/2/hi/1095580.stm">https://news.bbc.co.uk/2/hi/1095...
The administration of George W Bush then revoked the signature https://www.hrw.org/news/2002/05/06/united-states-unsigning-treaty-war-crimes-court">https://www.hrw.org/news/2002...
United States "Unsigning" Treaty on War Crimes Court

(New York) - The Bush Administration's decision to effectively withdraw the U.S. signature from the treaty establishing the International Criminal Court is an empty gesture that will further estrange...

https://www.hrw.org/news/2002/05/06/united-states-unsigning-treaty-war-crimes-court
Obama& #39;s administration was more cooperative towards the court: it didn& #39;t seek to oppose its actions. Even then, the US did not rejoin the ICC. https://www.lawfareblog.com/was-president-obamas-visit-kenya-snub-international-criminal-court">https://www.lawfareblog.com/was-presi...
Was President Obama’s Visit to Kenya a Snub to the International

One aspect of President Obama’s historic visit to Kenya under-reported by the U.S. press and almost entirely ignored by U.S. human rights groups was that the President met with two Kenyan leaders who

https://www.lawfareblog.com/was-president-obamas-visit-kenya-snub-international-criminal-court
And now @realDonaldTrump is taking on the ICC in full: not just "avoiding it", but imposing sanctions against members of it https://thehill.com/policy/defense/514823-trump-administration-imposes-sanctions-on-icc-prosecutor-investigating-alleged">https://thehill.com/policy/de...
Trump administration imposes sanctions on ICC prosecutor

The Trump administration imposed sanctions Wednesday against the International Criminal Court’s (ICC) chief prosecutor and one of her top aides as the court continues to probe alleged war crimes

https://thehill.com/policy/defense/514823-trump-administration-imposes-sanctions-on-icc-prosecutor-investigating-alleged
So what problem does the US have with the ICC?

In a word: Afghanistan https://www.cfr.org/timeline/us-war-afghanistan">https://www.cfr.org/timeline/...
The U.S. War in Afghanistan

The Taliban insurgency remains resilient nearly two decades after U.S.-led forces toppled its regime in what led to the United States’ longest war.

https://www.cfr.org/timeline/us-war-afghanistan
There has been a consistent concern that the ICC could be used to prosecute US forces operating in Afghanistan (and elsewhere). https://www.washingtonpost.com/news/monkey-cage/wp/2017/12/08/the-icc-will-investigate-alleged-u-s-war-crimes-in-afghanistan/">https://www.washingtonpost.com/news/monk...
Analysis | The International Criminal Court is set to investigate alleged U.S. war crimes in...

But can it build a case?

https://www.washingtonpost.com/news/monkey-cage/wp/2017/12/08/the-icc-will-investigate-alleged-u-s-war-crimes-in-afghanistan/
Note that prior to the ICC, tribunals were "ad-hoc". This often required support of the major powers to create.

Conceptually, we would say that such institutions had lower "sovereignty costs" https://www.cambridge.org/core/journals/international-organization/article/hard-and-soft-law-in-international-governance/EC8091A89687FDF7FC9027D1717538BF">https://www.cambridge.org/core/jour...
Hard and Soft Law in International Governance | International Organization | Cambridge Core

Hard and Soft Law in International Governance - Volume 54 Issue 3 - Kenneth W. Abbott, Duncan Snidal

https://www.cambridge.org/core/journals/international-organization/article/hard-and-soft-law-in-international-governance/EC8091A89687FDF7FC9027D1717538BF
Creating a permanent court raises the prospects of losing some control of what the court does (namely, who it chooses to prosecute) https://www.cambridge.org/core/journals/international-organization/article/credible-commitments-and-the-international-criminal-court/116A140C1A2A1C46B6982E6703BE7F0E">https://www.cambridge.org/core/jour...
Credible Commitments and the International Criminal Court | International Organization | Cambridge...

Credible Commitments and the International Criminal Court - Volume 64 Issue 2 - Beth A. Simmons, Allison Danner

https://www.cambridge.org/core/journals/international-organization/article/credible-commitments-and-the-international-criminal-court/116A140C1A2A1C46B6982E6703BE7F0E
In short, while Trump has escalated US opposition to the ICC, US opposition to the ICC is not new.

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