My immediate reaction to Trump's "invitation" was... Wait. Did you just invite China to bring their aircraft carrier in, and give them a chance to fly planes around measuring US carriers' premier radar signals, and getting a chance to bounce radar off F-35s? The US very carefully did not deploy F-35s over much of Syria while the Russians were there, because they didn't want the Russians to know what the returns were like.
2 weeks ago
Not sure, but hasn’t Congress passed a law to forbid the president to do that (i.e. rendering US citizens to foreign courts, the ICC in particular)?
The ICC's jurisdiction is restricted to crimes committed in places under the jurisdiction of countries that are bound by the treaty that set up the court. The US is not a signatory, so is unlikely to extradite a US citizen. Iran has signed, but not ratified, the treaty.
Extradition to individual foreign countries is controlled by individual bilateral treaties. The US has treaties with something over a hundred countries. Dual criminality is a keystone -- whatever crime the individual is charged with has to also be a crime in the US. This creates headaches for the US sometimes, as "conspiracy" is not a crime in many countries. Eg, Julian Assange was extradited to the US on relatively minor charges -- the big charges were all conspiracy. And of course, under a recent SCOTUS decision, it appears that all acts committed by a US President are lawful.
My immediate reaction to Trump's "invitation" was... Wait. Did you just invite China to bring their aircraft carrier in, and give them a chance to fly planes around measuring US carriers' premier radar signals, and getting a chance to bounce radar off F-35s? The US very carefully did not deploy F-35s over much of Syria while the Russians were there, because they didn't want the Russians to know what the returns were like.
Not sure, but hasn’t Congress passed a law to forbid the president to do that (i.e. rendering US citizens to foreign courts, the ICC in particular)?
The ICC's jurisdiction is restricted to crimes committed in places under the jurisdiction of countries that are bound by the treaty that set up the court. The US is not a signatory, so is unlikely to extradite a US citizen. Iran has signed, but not ratified, the treaty.
Extradition to individual foreign countries is controlled by individual bilateral treaties. The US has treaties with something over a hundred countries. Dual criminality is a keystone -- whatever crime the individual is charged with has to also be a crime in the US. This creates headaches for the US sometimes, as "conspiracy" is not a crime in many countries. Eg, Julian Assange was extradited to the US on relatively minor charges -- the big charges were all conspiracy. And of course, under a recent SCOTUS decision, it appears that all acts committed by a US President are lawful.