War crimes perpetrated by the U.S. and its armed forces
Members of the United States Armed Forces have violated the law of war after the signing of the Hague Conventions of 1899 and 1907 and the signing of the Geneva Conventions. The United States prosecutes offenders through the War Crimes Act of 1996 as well as through articles in the Uniform Code of Military Justice. The United States signed the 1999 Rome Statute but it never ratified the treaty, taking the position that the International Criminal Court (ICC) lacks fundamental checks and balances.[1] The American Service-Members' Protection Act of 2002 further limited US involvement with the ICC. The ICC reserves the right of states to prosecute war crimes, and the ICC can only proceed with prosecution of crimes when states do not have willingness or effective and reliable processes to investigate for themselves.[2] The United States says that it has investigated many of the accusations alleged by the ICC prosecutors as having occurred in Afghanistan, and thus does not accept ICC jurisdiction over its nationals.[3][4]
This article contains a chronological list of incidents in the military history of the United States in which war crimes occurred, including the summary execution of captured enemy combatants, the mistreatment of prisoners during interrogation, the use of torture, the use of violence against civilians and non-combatants, rape, and the unnecessary destruction of civilian property.
^"Fact Sheet: United States Policy on the International Criminal Court" (PDF). 29 November 2003. Archived from the original (PDF) on 29 November 2003.
^"HRW: ICC: Myths and Facts About the International Criminal Court". www.hrw.org. Retrieved 1 February 2024.
^"148 Cong. Rec. S3946 – The Bush Administration Decision to "Unsign" the Rome Statute". www.govinfo.gov.
^"The U.S. does not recognize the jurisdiction of the International Criminal Court". NPR.
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