The International Criminal Court uses a prosecution-only approach. And by putting their fate in the hands of outsiders, countries are really dodging responsibility for actions taken in the name of that country, in the name of the people in that country, by the people of that country themselves. That is, I think, fundamentally the wrong direction to go in.
The way the Statute of Rome is written, responsibility for war crimes can be taken all the way up the chain of command. This is the sort of investigation that some people who live in Fairyland might like to undertake, but which bears no relationship at all to conditions in the real world.
I think the International Criminal Court could be a threat to American security interests, because the prosecutor of the court has enormous discretion in going after war crimes. And the way the Statute of Rome is written, responsibility for war crimes can be taken all the way up the chain of command. This is the sort of investigation that some people who live in Fairyland might like to undertake, but which bears no relationship at all to conditions in the real world.
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