The Response of the United States to the International Criminal Court: Rejection, Ratification or Something Else?
Abstract
In July 1998, 120 nations joined together and signed the Rome Statute, setting in motion the creation of the International Criminal Court (ICC). The Rome Statute emphasizes the necessity of establishing the ICC in order to end impunity for those committing the "most serious crimes of concern to the international community." Despite broad international support for the ICC, the United States did not support the Rome Statute and cited, as one of its chief objections, the potential vulnerability of American military personnel to the jurisdiction of the ICC. This Note will examine American objections to the establishment of the ICC as currently contemplated and criticisms of the American position. In addition, it will consider the appropriateness of the proposed Congressional response, embodied in the American Servicemembers' Protection Act. Part I will briefly review the road leading up to the Rome Statute and some of the key elements of the Statute. Part II will consider the validity of both American objections to the Rome Statute and critiques of the American stance. Part III will analyze American concerns by examining instances in which American servicemembers could be vulnerable to the jurisdiction of the ICC. Part IV will argue that, while the United States must strive to protect its military members, the proposed American Servicemembers' Protection Act is not an appropriate response.
Document Details
- Document Type
- Technical Report
- Publication Date
- Jan 01, 2001
- Accession Number
- ADA398625
Entities
People
- Joel F. England
Organizations
- University of Arizona