The Hague Aims for U.S. Soldiers

The U.S. has done more than any other nation to instill in its civilian-controlled military a respect for human rights and the laws of war. When American servicemembers violate their doctrine and training—which can happen in any human institution—the U.S. is perfectly capable of applying our own laws to their conduct. These laws and procedures do not need to be second-guessed by international courts, especially ones that violate basic rights guaranteed by the U.S. Constitution, like trial by jury.

.. Moreover, the Rome Statute’s real targets always have been not merely individual soldiers accused of war crimes, but their commanders and political leaders—all the way to the commander in chief of the global hegemon (as they resentfully see it).

.. It also fails a critical constitutional test—the separation of powers—in that the executive not only prosecutes but determines guilt or innocence. Decoupling executive and judicial powers is no mere constitutional nicety; it is a critical mechanism for restraining excesses.

.. To date, the ICC has been feckless and often in disarray, acquiring the justifiable reputation from its caseload that it was a project by Europeans to prosecute miscreants in their former African colonies. Burundi recently withdrew from the ICC, and others have come close.