Table of Contents
Why is it hard to prosecute international crimes?
When a state does have a basis to prosecute international crimes, these cases are often complex and evidence is difficult to obtain from the respective states. Moreover, policy restrictions arise where there is a lack of specialized units or prosecutorial limits.
Why is the US not in the ICC?
The United States government has consistently opposed an international court that could hold US military and political leaders to a uniform global standard of justice. Washington, however, has no intention to join the ICC, due to its concern about possible charges against US nationals.
How are suspected war criminals prosecuted under international law?
Rule 158. States must investigate war crimes allegedly committed by their nationals or armed forces, or on their territory, and, if appropriate, prosecute the suspects. They must also investigate other war crimes over which they have jurisdiction and, if appropriate, prosecute the suspects.
How are war crimes prosecuted in the United States?
Instead, war crimes and crimes against humanity are prosecuted in U.S. courts under the War Crimes Act of 1996 — a law that applies if either a victim or the perpetrator of an alleged war crime is a U.S. citizen or a member of the U.S. military.
Why has the United States never joined the International Criminal Court?
The United States never joined the ICC and has consistently opposed the empowerment of an international court that could try U.S. military and political leaders under international law.
What are mixed courts of war crimes?
Penal repression of war crimes is also carried out by a growing number of ‘mixed’ or special courts, established in States such as Cambodia, East Timor, and Sierra Leone. Mixed courts have elements of both domestic and international jurisdiction. Why are international crimes committed?
Does the ICC have jurisdiction over war criminals?
Though States have the primary responsibility for prosecuting suspected war criminals, the ICC may act – if the criteria required to establish its jurisdiction are met – when domestic courts are unwilling or unable to do so.