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During the negotiations that led to the Rome Statute, a large number of states argued that the court should be allowed to exercise universal jurisdiction. However, this proposal was defeated due in large part to opposition from the United States. A compromise was reached, allowing the court to exercise jurisdiction only under the following limited circumstances:
* where the person accused of committing a crime is a national of a state party (or where the person's state has accepted the jurisdiction of the court);
* where the alleged crime was committed on the territory of a state party (or where the state on whose territory the crime was committed has accepted the jurisdiction of the court); or
* where a situation is referred to the court by the UN Security Council.
Americans will not prosecute americans, and never will.
The Bush administration is developing a parallel legal system in which terrorism suspects -- U.S. citizens and noncitizens alike -- may be investigated, jailed, interrogated, tried and punished without legal protections guaranteed by the ordinary system, lawyers inside and outside the government say.