It is very confusing dealing with the EO and two separate international agreements that the US is party too.
We need clarification from someone who actually knows. It is confusing.
I can only hope that the President doesn’t sign the Rome Statute/ICC ... that I believe would be a nail in his political coffin for a vast majority of voters.
He can sign anything he wants, but it doesn't have full force of law until it's ratified by 3/4 vote in the Senate. Even with his "super majority", he's still at least 15 votes shy of ratification. And, I seriously doubt if he could keep his 60 vote coalition together for such a ratification.
There are differing schools of thought on this, but my personal belief is - if as unlikely as it is - if this treaty is signed and ratified, it would face a very tough Constitutional fight. I believe, as do many others, that this ICC-Rome provision, is in violation of our own Constitution. And, while the Constitution does say that ratified treaties do enjoy the full force effect of Constitutional law, those treaties can't be in violation of our own Constitution (see Reid v. Covert).
While there are due process provisions in the ICC, there isn't a provision that allows for the US President to pardon the convicted - a privilege that is clearly in the US Constitution, and is therefor a possible remedy that is stripped from a US citizen facing an ICC tribunal. IOW, the stuff that a Constitutional challenge could be built upon.