1) The state is a party to the Rome Statute; or 2) Referral by the UN security counsel; and 3) The internal judicial processes of the state cannot deal with the apparent crimes
The US is not a party to the Rome statute (see "Invasion of the Hague Act" https://en.wikipedia.org/wiki/American_Service-Members%27_Pr...), and with veto power on the security counsel it seems unlikely to be referred to the Court by that body.
Therefore any suggestion that any US citizen/president is tried by the ICC is ridiculous. The threat is toothless. The ICC has no enforcers.
1) The state is a party to the Rome Statute; or 2) Referral by the UN security counsel; and 3) The internal judicial processes of the state cannot deal with the apparent crimes
The US is not a party to the Rome statute (see "Invasion of the Hague Act" https://en.wikipedia.org/wiki/American_Service-Members%27_Pr...), and with veto power on the security counsel it seems unlikely to be referred to the Court by that body.
Therefore any suggestion that any US citizen/president is tried by the ICC is ridiculous. The threat is toothless. The ICC has no enforcers.