THE HAGUE, Netherlands (CN) – Despite the U.S. having signed onto several global treaties, it is exceedingly unlikely that President Donald Trump or any American could end up in an international court for actions taken during the ongoing conflict with Iran.
Legal experts see no path to the International Criminal Court and few options for prosecution under other treaties, and generally agree that the assassination of foreign officials isn’t a crime under international law.
The International Criminal Court
The Hague-based ICC is an international legal body that prosecutes war crimes and crimes against humanity. Established by the 2002 Rome Statute, the ICC can only investigate and prosecute crimes that take place in a member state or are committed by a member state. It can also take up a case that is referred to it by the United Nations Security Council.
The United States, Iran and Iraq are not signatories to the treaty, leaving the ICC with no jurisdiction to investigate the airstrike in Baghdad that killed Iranian General Qassem Soleimani last week or any subsequent aggressions.
The U.N. Security Council could refer potential crimes to the ICC, but any permanent member can block a referral. The United States, China, France, Russia and the United Kingdom are the council’s five permanent members.
The Trump administration has argued the ICC poses a threat to American sovereignty and revoked a U.S. visa for the court’s top prosecutor ahead of a possible investigation into atrocity crimes in Afghanistan.
It is possible that a future U.S. administration could sign onto the Rome Statute and allow for investigations to be retroactive, or decline to block a referral by the Security Council. Iraq and Iran could do the same and refer an investigation to the ICC.
But Kevin Jon Heller, associate professor of public international law at the University of Amsterdam, said any action on the part of the White House is unlikely.
“One of the few truly bipartisan issues in the U.S. is not joining the ICC,” he said in an interview.
Beyond the Rome Statute
The Rome Statute isn’t the only basis for international law. The U.S. is a signatory to a number of treaties that could be applicable.
On Saturday, President Trump tweeted that if Iran retaliates, the U.S. had put together a list of 52 potential targets, including those “important to Iranian culture,” to attack in response.
The destruction of cultural sites is explicitly forbidden by the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, which the U.S. signed in 2009, as well as the Geneva Convention for the Protection of Civilian Persons in Time of War.
Enforcement of both of these conventions has been uneven. The International Criminal Tribunal for the former Yugoslavia, a special tribunal set up to prosecute crimes committed during the Bosnian War, did prosecute people for the destruction of cultural property. But the only other such case was that of Ahmad Al Faqi Al Mahdi, who was found guilty by the ICC in 2016 for destroying religious and cultural artifacts in Timbuktu, Mali.