http://www.informationclearinghouse.info/article25726.htm LegalTimes" -- KAMPALA - In a move that international lawyers describe as "a giant leap," members of the International Criminal Court agreed to add aggression to the court's short list of prosecutable crimes.
The United States opposed the resolution, but as a non-member of the eight-year old court, had no ability to block the adoption.
Still, it was notable that the United States even showed up for the debate.
State Department Legal Advisor Harold Koh and Ambassador-at-Large for War Crimes Issues Stephen Rapp led a sizeable U.S. delegation to a two week meeting in Kampala, Uganda. It ended early in the morning on Saturday with the consensus adoption of the definition of aggression and mechanisms for triggering an investigation.
The resolution will not go into effect until at least 2017, and the court has no jurisdiction to bring aggression chares against nationals from non-ICC member countries, which include the U.S., Russia and China. Even member countries have a way to opt-out.
The ICC is intended as a court of last resort to punish crimes that shock the conscience – genocide, crimes against humanity, war crimes, and now aggression – when there is no ability to do so at the national level.
Under the administration of President George W. Bush, the United States had virtually no involvement with the ICC. In 2000, President Bill Clinton signed the Rome statute that created the court, but never brought the treaty to the Senate for a vote. In 2002, the Bush Administration sent a document “unsigning” Clinton’s acceptance. One hundred and eleven nations are ICC members.
The U.S. has been concerned that the court could attempt to prosecute American military members deployed overseas, even those on peacekeeping missions to stop war crimes....