Actually, the United States Could Prosecute Ahmadinejad
Julian beat me to discussing Romney’s statement last night that, if elected, he would “make sure that Ahmadinejad is indicted under the Genocide Convention. His words amount to genocide incitation” (what we ICL scholars call “direct and public incitement to genocide”). I disagree with Julian, however, that Ahmadinejad could not be prosecuted in the United States. Pursuant to the Genocide Accountability Act, the United States has had universal jurisdiction over all forms of genocide since 2007. Here are 18 USC 1091(c) and (e):
(c) Incitement offense.— Whoever directly and publicly incites another to violate subsection (a) shall be fined not more than $500,000 or imprisoned not more than five years, or both.
(e) Jurisdiction.— There is jurisdiction over the offenses described in subsections (a), (c), and (d) if—(2) regardless of where the offense is committed, the alleged offender is— (D) present in the United States.
To be clear, I do not think there is even a colorable argument that Ahmadinejad is actually guilty of direct and public incitement. But insofar as the U.S. disagreed, it would simply need to get its hands on him.