Approaches to ICC Situations
The United State's abstention to Resolution 1593 (2005) made possible the Security Council's referral of the situation in Darfur to the ICC. Following the issuance of an arrest warrant for Omar Al Bashir, the president of Sudan, Ambassador Rice issued a statement reiterating US support for the Court on Darfur and the requirement of Sudan to cooperate with the ICC. Ambassador Rice repeated this support following a Security Council meeting on Darfur in July 2010. On July 14, 2010 President Obama urged the government of Sudan to cooperate with the ICC following the issuance of an arrest warrant for Al Bashir on genocide charges. On October 17, 2012, in an open debate on the ICC in the UN Security Council, Ambassador Rice stated:
"This Council should review additional steps that can be undertaken to complete the ICC's work in Darfur."
Representing the United States at the Security Council on June 9, 2016, David Pressman stated that:
"The Council must do more to ensure compliance with Resolution 1593 (2005) and press Sudan to fulfill its obligations under the Rome Statute, he said, calling upon all Governments not to invite, facilitate or support travel by any individual wanted by the Court."
On February 26, 2011 the US co-sponsored and voted in favor of Resolution 1970, adopted unanimously by the UN Security Council, which referred the situation in Libya to the ICC. Following the adoption of Resolution 1970 (2011), the US Mission to the UN issued a statement and a fact sheet . The US has made subsequent statements following reports of the Prosecutor to the UN Security Council and encouraged "the Government of Libya to maintain its cooperation with the International Criminal Court in accordance with Security Council Resolution 1970."
On May 8, Stephen Townley, the Deputy Legal Advisors representing the US mission, stated:
"The United States remains dedicated to pursuing accountability for violations and abuses committed during the 2011 revolution. In this regard, we appreciate the continued efforts to bring Saif Qadhafi, accused of helping orchestrate the murder and persecution of hundreds of civilians, to justice. We urge all relevant Libyan actors to facilitate the transfer of Saif Qadhafi to The Hague so he may stand trial for his alleged crimes against humanity. We welcome the continued reports of Libya’s cooperation with the Prosecutor, consistent with this Council’s calls for such cooperation and Libya’s obligations under resolution 1970."
On May 24, 2010 President Obama signed into law the Lord's Resistance Army Disarmament and Northern Uganda Recovery Act of 2009. In his signing statement, he recognized the ICC's role in dealing with Lord's Resistance Army (LRA) atrocities and stated that US policy supports bringing the LRA leadership to justice. On November 24, 2010 the White House released its strategy to support the disarmament of Uganda's Lord's Resistance Army and reaffirmed that LRA leaders should face justice at the ICC. On March 16, 2012 US Ambassador the African Union Michael Battle stated that
"we need to capture [LRA leader Joseph Kony militarily. He needs to go before the international criminal court. He needs to be prosecuted."
In 2017, the United States announced that it would be pulling out its forces looking for Kony.
In 2015, Palestine lodged a declaration accepting the jurisdiction of the ICC over alleged crimes committed in the 'occupied territory, including East Jerusalem' since June of 2014. This Palestine situation has been under preliminary investigation since 2015 and is currently in the subject-matter jurisdiction phase of the examination. Learn more with our recent paper on situation in Palestine.