Here is an article by William Eye, Beth Goldberg
The Rome Statute, drafted during a 5-week conference in Rome, established the International Criminal Court. Adopted in July of 1998, the treaty entered into legal force in April of 2012 when the minimum requirement of 60 signatories was fulfilled (Rome Statute, Article 126. Though the United States initially supported the Rome Conference, and led the lobby for the court’s creation, they–in addition to Iraq, Israel, Libya, China, Yemen, and Qatar–eventually voted in opposition to the adoption of the statute. In 2000, before the ICC came into force, the Clinton Administration symbolically signed the Rome Statute, but announced that it had no intention of submitting legislation to the Senate for ratification.
In May 2002, one month after the ICC attained enough signatories to come into legal force, the Bush Administration infamously “unsigned” the Rome Statute. President Bush made this move, entirely unprecedented in international law, directly after launching the Afghanistan invasion by submitting a note to then-UN Secretary General Kofi Annan. In the following months, the Bush Administration took great care to undermine the efforts of the Court, threatening in July 2002 to use its Security Council veto to block the renewal of UN peacekeeping mandates in order to leverage exemption from ICC jurisdiction. (As one of five permanent members of the Security Council, the United States possesses veto power over any potential Security Council resolution.)
The next indefensible act of American impunity before the court came one month later in August 2002, when the American Service-Members’ Protection Act (ASPA) was introduced by Republican Senator Jesse Helms and approved by George W. Bush. The law, nicknamed the “Hague Invasion Act,” authorizes the President to use “all means necessary and appropriate to bring about the release of any US or allied personnel being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court. It further prohibits federal, state, and local agencies from assisting the Court in any way, including the extradition of any citizen or non-citizen from the States and the providing of relevant intelligence regarding ICC cases.
In December 2005, the US took additional measures to exempt itself from the jurisdiction of the Court in approving the Nethercutt Amendment to the Foreign Appropriations Bill. Employing a coercive “stick” or disincentive strategy, the amendment cut economic aid to any ICC state parties who refused to sign a bilateral agreement with the US, exempting US nationals from ICC jurisdiction. Considering that the Court has no jurisdiction over those states that have not ratified the Statute, the Nethercutt Amendment represented a legal redundancy, and further demonstrated the Bush administration’s desire to override and undercut the international system.