Legal Implications of the International Criminal Court's Decision to Investigate Americans

In 2017, the prosecutor for the International Criminal Court (ICC) announced her formal request to open an investigation into war crimes and crimes against humanity allegedly committed by U.S. troops in Afghanistan. The ICC Pre-Trial Chamber denied the request, but after the prosecutor appealed, on March 5, 2020, the ICC Appeals Chamber authorized her to proceed with the investigation. This means that, in the near future, the ICC could issue warrants seeking the arrest of current and former U.S. officials, government employees, and military personnel—despite the fact that the U.S. has not ratified the Rome Statute of the ICC, has already investigated the alleged crimes, and rejects the ICC’s claims of jurisdiction over U.S. persons and actions. What are the ICC's authorities under international law; is the ICC on solid ground? Will this development lead the U.S. to take new steps to protect Americans?

Featuring:
-- Brett Schaefer, Jay Kingham Fellow in International Regulatory Affairs, Margaret Thatcher Center for Freedom, The Heritage Foundation
-- Charles "Cully" Stimson, Senior Legal Fellow and Manager, National Security Law Program, The Heritage Foundation