The United States: A Rome Statute of the International Criminal Court Non-Participant

Abstract

Many people have been prosecuted for war crimes since ancient times, but the most heinous crimes against humanity in modern history occurred during this century with no one held accountable. As of 1 July 2002, the Rome Statute of the International Criminal Court is a reality. It will try individuals such as the Khmer Rouge, Slobodan Milosevic, and General Juvenal Habyarimana for crimes against humanity, genocide, and war crimes. The establishment of an International Criminal Court (ICC) was long overdue and took longer than hoped for by States, Human Rights Organizations, and Non-Governmental Organizations. The United States, one of the ICC's strongest supporters since its beginning, voted against the adoption of the statute along with six other countries. The United States expressed its concerns about three major issues in different forums, but it was unable to find a middle ground. Prior to the ratification of the ICC, the United States informed the United Nations that it would not become a party to the ICC, therefore canceling the signature originally submitted by former President Clinton. This paper will identify three possible options the United States may consider as a non-participant to the Rome Statute of the International Criminal Court and make a recommendation as to whether it should continue to support the ICC, and if so, in what capacity. It will do so by discussing the background that led to the inception of the ICC; the concerns and reasons the United States did not sign the treaty; mechanisms emplaced by the United States to protect its citizens; and concessions offered by the United States, but rejected. (36 refs.)

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Document Details

Document Type
Technical Report
Publication Date
Mar 19, 2004
Accession Number
ADA423818

Entities

People

  • J. I. Hopkins

Organizations

  • United States Army War College

Tags

Communities of Interest

  • Energy and Power Technologies
  • Human Systems
  • Materials and Manufacturing Processes

DTIC Thesaurus Topics

  • Agreements
  • Criminals
  • Department Of Defense
  • Governments
  • Intergovernmental Organizations
  • International Law
  • International Organizations
  • International Relations
  • Judiciary
  • Law
  • Military Personnel
  • National Governments
  • National Politics
  • National Security
  • Treaties
  • United States
  • War Colleges

Readers

  • Criminal Law
  • International Relations and Conflict Resolution
  • Military History of the United States in the 20th Century.