Earlier quoted context omitted.
I used to hear this all the time in law school, something to the effect that the US should never relinquish its sovereignty by signing the Rome Statute and subject itself to the International Criminal Court. This was at the height of the US wars in Iraq and Afghanistan, and the associated allegations of POW torture and abuse (e.g. Abu Ghraib, waterboarding, guantanamo bay, etc…). How ironic 20 years later the very sa…
If the US joined the ICC they would have the right to send US judges to the Hague. It wouldn't be a "foreign court". But I think the real issue is that the CIA doesn't want oversight from anyone foreign or domestic.
However, whether or not US judges are, or may be, appointed to the ICC or any other tribunal, US judges don’t make them domestic courts nor would they apply domestic law.
From the time of the Nuremberg Trials these kinds of courts are commonly called international tribunals in English, the ICC is just a proper name of one such international tribunal. Another includes the International Criminal Tribunal for the former Yugoslavia, which was not a domestic court.
Arguably the first hybrid international tribunal/domestic court was the Special Court for Sierra Leon where both international law and domestic laws were applied. If Liberia ever successfully gets a war crimes it is likely to be a similar hybrid international tribunal/domestic court approach. Coincidentally I was part of a law clinic that represented a number of Liberian refugees and torture victims and obtained a $22M judgment against the son of the Liberian ex-President Charles Taylor in the US under the Foreign Tort Claims Act. If you’ve ever seen the movie Lord of War, the son is the character in this clip [2] with the golden AK-47 though the names were changed to Baptiste it’s otherwise pretty accurate, down to the fact Charles “Chucky” Taylor Jr. was a private school kid in Florida with a normal life until he went to Liberia and become the head of his Father’s security force ironically called Anti-terrorism Unit.