The Hague Invasion Act And International Criminal Justice: The Attitude Of The United States Towards The International Criminal Court (ICC)

Abstract

International Justice is the concern of the international community, and its success and sustainability depends on the acceptance and recognition by the world. However, the interests of the individual country are a major obstacle to ensure its success. A good example of such  a country is the USA. Since many serious attempts to establish an international criminal court (IC’) after World War II had been made, the USA was supportive of the establishment of an ICC to prosecute the perpetrators of international crimes. Nevertheless, after the establishment of the ICC in 2002 and the achievement of the long awaited dream, it is found that the USA has become one of the strongest opponents of its existence. Thus, the current article will answer the question as to why the USA was against the ICC, given that the ICC is a permanent court and the only platform that carries out the international criminal justice. This paper attempts to prove this as well as to provide solutions to this problem. The methodology adopted in this paper is a doctrinal legal research, this methodology has been chosen the issues examination involved and clarifying ambiguities and placing them in a logical and coherent structur. It is clear that the position of the USA was characterised by its position against the ICC and its serious attempts to influence it. The paper focuses on the issue of the attempt made by the United States to avoid punishing international criminals under its jurisdiction before the ICC. This paper may help the international community to understand the international impunity issues as well as providing solutions to this problem.

Keywords: International Criminal Court (ICC), International Crimes, United States of America (USA), The Hague Invasion Act, International Criminal Justice.