The May 2010 National Security Strategy summarizes current U.S. policy toward the International Criminal Court (ICC) as follows:
From Nuremberg to Yugoslavia to Liberia, the United States has seen that the end of impunity and the promotion of justice are not just moral imperatives; they are stabilizing forces in international affairs. The United States is thus working to strengthen national justice systems and is maintaining our support for ad hoc international tribunals and hybrid courts. Those who intentionally target innocent civilians must be held accountable, and we will continue to support institutions and prosecutions that advance this important interest. Although the United States is not at present a party to the Rome Statute of the International Criminal Court, and will always protect U.S. personnel, we are engaging with State Parties to the Rome Statute on issues of concern and are supporting the I.C.C.’s prosecution of those cases that advance U.S. interests and values, consistent with the requirements of U.S. law.
Although the United States is not a party to the I.C.C.’s Statute, the Obama administration has been prepared to support the court’s prosecutions and provide assistance in response to specific requests from the I.C.C. prosecutor and other court officials, consistent with U.S. law, when it is in U.S. national interest to do so.
Since November 2009, the United States has participated in an observer capacity in meetings of the I.C.C. Assembly of States Parties (ASP). The United States sent an observer delegation to the I.C.C. Review Conference held in Kampala, Uganda from May 31 to June 11, 2010.
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International Criminal Court (ICC)