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Neither the U.S. nor Cuba are state parties to the Rome Statute. (Neither are any of the major regional powers outside of Europe and the British Commonwealth re

Neither the U.S. nor Cuba are state parties to the Rome Statute. (Neither are any of the major regional powers outside of Europe and the British Commonwealth realms, with the exception of Brazil). As a result, the ICC does not have jurisdiction over what happens at Guantanamo nor over U.S. citizens in U.S. territory. Without resorting to the conspiracy theory that there's a shadow world government, what possible legal theory could you believe grants them authority here?

sofixa 5y ago
Many of the initial criminal acts happened in Afghanistan (kidnappings), which recognises the ICC's authority. Transit happened through countries like Poland and Lithuania, which also recognise the ICC's jurisdiction. Plenty of crimes happened already in ICC jurisdictions. Furthermore, the US can do the right thing for once on that level and accept the authority and jurisdiction of the ICC. The ICC and ICTY have dealt with post-facto acceptance of jurisdiction ( crimes happened, court was accepted to have authority and tried criminals) so honestly I don't see the issue here. And if the ICC doesn't do it, it's sure as hell won't put their war criminals to trial.