The United States is not a participant in the International Criminal Court (ICC). The ICC is a permanent international criminal court, founded in 2002 by the Rome Statute of the International Criminal Court (Rome Statute) to "bring to justice the perpetrators of the worst crimes known to humankind – war crimes, crimes against humanity, and genocide", especially when national courts are unable or unwilling to do so.
As of January 2015, 123 states are members of the court.〔(【引用サイトリンク】accessdate=October 19, 2010 )〕 Other countries that have not signed or ratified the Rome Statute include India, Indonesia, and China.〔 On May 6, 2002, the United States, in a position shared with Israel and Sudan, having previously signed the Rome Statute, formally withdrew its intent of ratification.〔
Positions in the United States concerning the ICC vary widely. The Clinton Administration signed the Rome Statute in 2000, but did not submit it for Senate ratification. The Bush Administration, the US administration at the time of the ICC's founding, stated that it would not join the ICC. The Obama Administration has subsequently re-established a working relationship with the court.〔(【引用サイトリンク】title= U.S. Engagement With The International Criminal Court and The Outcome Of The Recently Concluded Review Conference ) Archived June 26, 2014〕
==Signing and ratification==
Following years of negotiations aimed at establishing a permanent international tribunal to prosecute individuals accused of genocide and other serious international crimes, such as crimes against humanity, war crimes and the recently defined crimes of aggression, the United Nations General Assembly convened a five-week diplomatic conference in Rome in June 1998 "to finalize and adopt a convention on the establishment of an international criminal court".〔United Nations (1999). ''(Rome Statute of the International Criminal Court — Overview )''. Retrieved on 31 January 2008.〕〔Coalition for the International Criminal Court. (''Rome Conference — 1998'' ). Retrieved on 31 January 2008.〕 On 17 July 1998, the Rome Statute of the International Criminal Court (Rome Statute) was adopted by a vote of 120 to 7, with 21 countries abstaining.〔 The seven countries that voted against the treaty were Iraq, Israel, Libya, the People's Republic of China, Qatar, Yemen, and the United States.〔Michael P. Scharf (August 1998). (''Results of the Rome Conference for an International Criminal Court'' ). The American Society of International Law. Retrieved on 31 January 2008.〕
U.S. President Bill Clinton originally signed the Rome Statute in 2000, but stated that he would not submit it to the Senate for advice and consent for ratification until the U.S. government had a chance to assess the functioning of the court. He nonetheless supported the proposed role of the ICC and its objectives:
After the Rome Statute reached the requisite 60 ratifications in 2002, President George W. Bush's Administration sent a note to the UN Secretary General on May 6, 2002. The note purports to suspend the US's signature and informed the Secretary General that the US recognized no obligation toward the Rome Statute. In addition, the US stated that its intention not to become a state party should be reflected in the UN depositry's list. This is because signatories have an obligation not to undermine the object and purpose of a treaty according to Article 18 of the Vienna Convention on the Law of Treaties, also sometimes referred to as the good faith obligations. According to American Non-Governmental Organizations Coalition for the International Criminal Court the US could engage with the Court by reactivating its signature to the Rome Statute by submitting a letter to the UN Secretary General.
A treaty that is not ratified is not legally binding. ‘Signature’ of a treaty provides a preliminary endorsement. Signing does not create a binding legal obligation but does demonstrate the State’s intention to examine the treaty domestically and consider ratifying it. It does oblige the State to refrain from acts that would counter or undermine the treaty’s objective and purpose.〔(Definition of key terms used in the UN Treaty Collection )〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「United States and the International Criminal Court」の詳細全文を読む