Skip to main content

USA: The “Laws” on War Crimes Apply to Everyone—Except US, of Course

U.S. President Biden accused Russia of “war crimes” and has now escalated this with charges of “genocide.” First and foremost, for the unprecedented hypocrisy of this, go here and here.

Biden’s officials floated and invoked the International Criminal Court (ICC) as the potential forum to adjudicate these “war crimes.” But neither Biden nor the American bourgeois media mention the inconvenient fact that the U.S. itself has never agreed to be part of or respect the authority of the ICC. Moreover, the U.S. has attacked the ICC for decades.

The Rome Statute is a treaty that went into effect in 2002, signed by more than 120 countries (the U.S. and Russia are among the countries not parties to the Statute, along with other major powers like China and India). The ICC is the enforcement apparatus for the Rome Statute. As a set of intra-governmental agreements, mainly crafted and dominated by the Western European imperialists around EU/NATO, the Rome Statute purports to set “rules of the game” for conflict, including war, applicable largely to signatories of the agreements. In that context, the Rome Statute bans torture; sexual violence; attacks on civilians; systematic racial oppression; humiliating and degrading treatment in the context of a war; and using starvation as a weapon of war.

While these are legitimate "abstract and theoretical" standards to be upheld even under this system of capitalism-imperialism, in reality, there are virtually no means to actually enforce these, and all this is routinely ignored, and what are mainly brought to trial are various oppositional largely “non-state” groups and individuals, as and when it serves the interests of some particular oppressive state, or group of states, in the so-called “international community.”

USA: How Dare Anyone Try to Apply Laws Against War Crimes to Us!

By any definition, the USA is #1 in war crimes and crimes against humanity. To see for oneself, read the list of acts defined as war crimes in Article 8 of the Rome Statute and then compare that list to the partial list of U.S. war crimes documented in The United States of Atrocity: When It Comes to War Crimes, USA Is “Number One”. Human Rights Watch (HRW) is an organization with close ties to the U.S. State Department, and a consistent record of ignoring or downplaying human rights abuses committed by the U.S. and its allies. But HRW produced a report documenting how the U.S. government has aggressively moved to bully and silence the ICC when its investigations dare to come close to identifying U.S. war crimes. For example:

  • In the context of moves to investigate war crimes and crimes against humanity carried out by the U.S. in the “war on terror,” Bush signed into law the “American Servicemembers Protection Act” in 2002, authorizing the use of military force to “liberate” any American or citizen of a U.S.-allied country being held by the ICC.
  • Under the fascist Trump/Pence regime, the U.S. government threatened retaliatory steps against ICC staff and member countries should the court investigate U.S. or allied country citizens. Trump told the UN General Assembly that the “United States will provide no support or recognition to the International Criminal Court. As far as America is concerned the ICC has no jurisdiction, no legitimacy, and no authority.”
April2019-USattackAfghanistan-AP_19099170421422-600px.jpg

 

Aftermath of U.S. drone attack in Afghanistan, April 2019    Photo: AP

  • On March 15, 2019, U.S. Secretary of State Mike Pompeo announced that the U.S. would impose visa bans on ICC officials involved in the court’s potential investigation of U.S. citizens for alleged crimes in Afghanistan. He said that the U.S. would be prepared to take further actions, including economic sanctions, “if the ICC does not change its course.” The Trump regime confirmed in early April 2019 that it had revoked the visa of the ICC Prosecutor.
  • Pompeo publicly threatened by name two staff members of the ICC on March 17, 2020, stating that he was “considering what the United States’ next steps ought to be with respect to these individuals and all those who are putting Americans at risk.” Pompeo said he wanted to identify people responsible for the investigation – and their family members – and implied he could seek actions against them. On May 15, 2020, Pompeo vowed to “exact consequences” if the ICC “continues down its current course” – that is, if the court moved forward with an investigation into Israeli crimes against the Palestinian people (as well as alleged war crimes by Palestinian forces).
Palestinian woman expresses anger at massive carnage caused by Israeli airstrike.

 

Palestinian woman expresses anger at massive carnage caused by Israeli airstrike on Gaza, May 2021.     Photo: Anadolu Agency-Ali-Jadallah

  • Trump issued a sweeping executive order on June 11, 2020, authorizing asset freezes and family entry bans that could be imposed against certain ICC officials. The executive order also provided for the same sanctions against anyone who assisted certain ICC investigations.

While the Democrats brand themselves as relying on “alliances” and “diplomacy” and Biden revoked Trump’s specific executive order targeting specific ICC officials, he framed that change as a tactical adjustment in the context of a sweeping reassertion that the ICC had no right to investigate U.S. war crimes.

Yet, and however, the U.S. now finds the ICC a legitimate forum to adjudicate these claims against Russia—in conjunction with Western European imperialist powers closely allied with the U.S. 

DONATE to revcom.us
DONATE to the revolution.

From the genocide in Gaza, to the growing threat of world war between nuclear powers, to escalating environmental devastation… the capitalist-imperialist system ruling over us is a horror for billions around the world and is tearing up the fabric of life on earth. Now the all-out battle within the U.S. ruling class, between fascist Republicans and war criminal Democrats, is coming to a head—likely during, or before, the coming elections—ripping society apart unlike anything since the Civil War.

Bob Avakian (BA), revolutionary leader and author of the new communism, has developed a strategy to prepare for and make revolution. He’s scientifically analyzed that this is a rare time when an actual revolution has become more possible, and has laid out the sweeping vision, solid foundation and concrete blueprint for “what comes next,” in the Constitution for the New Socialist Republic in North America.

The website revcom.us follows and applies that leadership and is essential to all this. We post new materials from BA and curate his whole body of work. We apply the science he’s developed to analyze and expose every key event in society, every week. Revcom.us posts BA’s timely leadership for the revcoms (revolutionary communists), including his social media posts which break this down for people every week and sometimes more. We act as a guiding and connecting hub for the growing revcom movement nationwide: not just showing what’s being done, but going into what’s right and what’s wrong and rapidly learning—and recruiting new people into what has to be a rapidly growing force.

Put it this way: there will be no revolution unless this website not only “keeps going” but goes up to a whole different level!

So what should you give to make 2024 our year—a year of revolution?
Everything you possibly can!
DONATE NOW to revcom.us and get with BA and the revcoms!

Your donations contribute to:

  • Promotion of BA on social media and the Bob Avakian Interviews on The RNL—Revolution, Nothing Less!—Show
  • Strengthen revcom.us as an accessible, secure, robust website able to rise to the challenge of meeting the extraordinary demands of navigating the storms and preparing for revolution in this pivotal, unprecedented year
  • Fund revcoms to travel to national “hotspots,” where extreme contradictions are pulling apart the fabric of this country and creating the possibility of wrenching an actual revolution out of this intensifying situation
  • Expand the reach and coverage of revcom.us
  • Printing and distribution of key Revcom materials including the Declaration “WE NEED AND WE DEMAND: A WHOLE NEW WAY TO LIVE, A FUNDAMENTALLY DIFFERENT SYSTEM” and the Proclamation, “WE ARE THE REVCOMS (Revolutionary Communists)