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This means that if the United States does not properly investigate and prosecute these cases, the ICC could step in.The ICC is a court of last resort – it operates in complement to national courts.If the ICC were to step in, would it have a strong case?Because the United States is not a party to the court's Rome Statute, the ICC only has jurisdiction if U.S. nationals commit crimes in the territory of an ICC state party.Finally, the court would have to prove any charges through admissible evidence, meaning it would need to obtain sufficient non-classified information.Would the ICC be able to obtain sufficient evidence to build cases? Technically, since the United States is not party to the ICC's Rome Statute, it has no legal obligation to cooperate with the court.It is not clear how much exposure the United States would be subject to before the ICC, but does the U.S. want to wait and see?
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