Bill Clinton signed the Rome Treaty near the end of his term, but never submitted it to the Senate. Bush subsequently removed our signature, and took a host of actions to undermine the court, including holding hostage foreign aid to poor countries unless they agreed not to cooperate with the court.
Obama was not as directly hostile, but was still limited by laws from that era that prohibit most cooperation. Now that Bolton is back in power, he’s continued his vendetta against the ICC right where he left off.
The court claims jurisdiction over all crimes occurring in member states since their accession to the Rome Statute. A non-party state such as the US is vulnerable to prosecution for crimes that occur in a party state, such as Afghanistan, the court is in fact mulling such an investigation today.
But I don’t think there has been any major change in posture recently in terms of how we interact with the ICC? I would assume each of the past three presidents has some degree of legal vulnerability to the court, I don’t think Trump would have any unique exposure.
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