There are legitimate concerns about American participation in the ICC:
the US Constitution guarantees jury trials for major offenses, and the ICC doesn’t use them
the US Constitution states that the US Supreme Court has appellate jurisdiction over all other courts, and there is no room for an international court to fit in that structure
US courts claim jurisdiction over US citizens who commit crimes on US soil, and there is no mechanism to insert the ICC into that.
So it’s not just that the US doesn’t want to play nice, there are things in the structure of the ICC that violate the US Constitution. Those contradictions would have to be resolved before the US can join, either by changing the ICC or changing the US Constitution.
I’m pretty sure that’s the same in most other countries, at the very least the highest court jurisdiction, yet somehow they were able to still be part of the ICC
There are legitimate concerns about American participation in the ICC:
the US Constitution guarantees jury trials for major offenses, and the ICC doesn’t use them
the US Constitution states that the US Supreme Court has appellate jurisdiction over all other courts, and there is no room for an international court to fit in that structure
US courts claim jurisdiction over US citizens who commit crimes on US soil, and there is no mechanism to insert the ICC into that.
So it’s not just that the US doesn’t want to play nice, there are things in the structure of the ICC that violate the US Constitution. Those contradictions would have to be resolved before the US can join, either by changing the ICC or changing the US Constitution.
I’m pretty sure that’s the same in most other countries, at the very least the highest court jurisdiction, yet somehow they were able to still be part of the ICC