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Is the US Congress Complicit in the US President’s war crimes? Plans for Rome Statute Art 31? Is, the US Congress Criminally Liable?

 According to Rome Statute Art 31, Grounds for excluding criminal responsibility, Article 31 (1) (a), a person is not criminally responsible if, at the time of their conduct, the person suffers from a mental disease or defect that destroys that person’s capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirement of law [1].

If the idea is to exempt the US President from acts of War Crimes and Acts of Terror that he himself declares online that he has carried out using Rome Statue Art 31 or similar domestic legal provisions, then wouldn’t the US Congress be criminally liable for not restraining him even when he was clearly carrying out war crimes across countries without legal sanction for these criminal attacks.

The question that remains unaddressed, isn’t the US Congress criminally liable for the acts of the US President as they in spite of clear evidence from his self-declared explanation, reflections and narration of violent acts (war crimes) carried out by him or under his direction; the US Congress is refusing to act. The inaction of the US Congress is a clear global threat, so shouldn’t the US Congress be held criminally liable for these war crimes that has led to massacre of people across countries. While the US Congress can wait for election appropriateness, isn’t waiting to act itself a crime, when it leads to the death of hundreds and destruction of infrastructure in other sovereign nations.

Shouldn’t the US Congress be accused of a) Omission or Failure to Act, when their legal duty exists to prevent a criminally proscribed result, b) Misfeasance, the improper, negligent, or careless performance of a lawful, authorized act that results in harm or injury to another or c) being an accomplice by being silent or giving time for the US President to provide explanation and the time given is used by the US President to commit further crimes of similar or different nature.

The US President and the US Congress both have to be held accountable.

 

Molly Charles

 

Reference

1. https://www.icc-cpi.int/sites/default/files/2024-05/Rome-Statute-eng.pdf

      p.23.

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