The International Criminal Court and Future American Military Operations
Abstract
The July 1, 2002 ratification of the Rome Statute establishing the International Criminal Court (ICC) was a significant and far-reaching accomplishment in the international legal system. The Statute gives the ICC the power to prosecute individuals for the most serious crimes of concern to the international community. Although the United States played a major role in the court's development the U.S. officially withdrew from the ICC in July 2002 citing jurisdiction and treaty law concerns and unacceptable risk to U.S. military personnel. The U.S. is negotiating bilateral agreements with individual countries and using its weight in the UN Security Council to influence the ICC in order to protect military personnel and high-ranking government officials from prosecution by the court. Both of these actions undermine the spirit of the ICC. The American decision not to support the court is an important watershed in international relations and will likely have long term effect on the ability of the ICC to reach the objectives of the Rome Statute. This paper will address the origins of the International Criminal Court discuss how the ICC works highlight U.S. objections to the statute and analyze U.S. objections. This paper will assess the position that we have taken in terms of our grand strategy and how and why the government reached the conclusion that it would be in our best interest not to sign up for the ICC. Finally this paper will assess how our position on this issue may affect our national security strategy with regards to other international issues and the risks associated with our position on the ICC.
Document Details
- Document Type
- Technical Report
- Publication Date
- May 03, 2004
- Accession Number
- ADA423416
Entities
People
- Robert A. Burrell
Organizations
- United States Army War College