US to Join ICC?
With the ICC issuing a warrant for Sudanese President Omar al-Bashir accusing him of genocide, talk has ratcheted up in regards to the United States joining the ICC and what effect that might have on Bush administration officials. Clinton signed the Rome Statute that created the ICC, but Bush "unsigned" it. The US has supported, at arm's length, the ICC's efforts in addressing the conflicts in the Congo, Uganda, and Darfur, but joining outright presents many problems that Ed Morrissey at Hot Air points out.
Obama would face two hurdles if he attempted it: the US Constitution and the political firestorm it would provoke, especially in the military. The Constitution gives no provision for any foreign court or potentate to have jurisdiction over American military personnel or national leaders for their actions in service to their country. The courts would likely laugh any suggestion that they should approve the extradition of soldiers or former administration figures to a foreign court, no matter what Obama signs. The Senate would likely take a dim view of it once their military constituents started phoning Capitol Hill offices to discuss the risk this would place on them and their families.