Law of War Handbook 2005

International practice should promote domestic accountability and encourage sovereign states to seek
reconciliation where feasible.

The existence of credible domestic legal systems is vital to ensuring conditions do not deteriorate to
the point that the international community is required to intercede.

In situations where violations are grave and the political will of the sovereign state is weak, we
should work, using any influence we have, to strengthen that will. In situations where violations are
so grave as to amount to a breach of international peace and security, and the political will to address
these violations is non-existent, the international community may, and if necessary should, intercede
through the UN Security Council as we did in Bosnia and Rwanda.

Unfortunately, the current framework of the Rome treaty threatens these basic principles.

We Will Continue To Lead

Notwithstanding our disagreements with the Rome Treaty, the United States respects the decision of
those nations who have chosen to join the ICC; but they in turn must respect our decision not to join
the ICC or place our citizens under the jurisdiction of the court.

So, despite this difference, we must work together to promote real justice after July 1, when the

Rome Statute enters into force.

The existence of a functioning ICC will not cause the United States to retreat from its leadership role

in the promotion of international justice and the rule of law.

The United States will:

Work together with countries to avoid any disruptions caused by the Treaty,

particularly those complications in US military cooperation with friends and allies that

are parties to the treaty.

. Continue our longstanding role as an advocate for the principle that there must be
accountability for war crimes and other serious violations of international
humanitarian law.

Continue to play a leadership role to right these wrongs.

The armed forces of the United States will obey the law of war, while our

international policies are and will remain completely consistent with these norms.

Continue to discipline our own when appropriate.

We will remain committed to promoting the rule of law and helping to bring

violators of humanitarian law to justice, wherever the violations may occur.