Hostile Outsider or Influential Insider? The United States and the International Criminal Court

Abstract

In 1998, following history's bloodiest century, the global community established a permanent International Criminal Court to investigate and prosecute heinous crimes such as genocide. Initially supporting the Court, the US later renounced all obligations to it based on perceived fundamental flaws. While the UN and most democratic/allied nations endorse it, the US strenuously opposes and actively seeks to undermine the Court's capabilities, causing considerable discord and resentment. Already losing substantial international standing over recent policies on world events, the US is also harshly criticized over its Court opposition. Continued resistance risks greater isolationism and lack of credibility/support, something the US cannot afford. Moreover, history demonstrates that absent the Court's enforcement mechanisms, impunity will reign. To perform a significant role in the ICC and maintain its reputation for promoting human rights, justice, and the rule of law the US must ratify the Court's governing statute or, at a minimum, adopt a strategy and policy of conciliation and cooperation, not obstruction and antagonism. This paper encourages greater study and debate of this misunderstood yet vital aspect of US national security policy and strategy, ultimately proposing that the US policy toward the ICC become that of an influential insider vice hostile outsider.

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Document Details

Document Type
Technical Report
Publication Date
Mar 28, 2007
Accession Number
ADA471361

Entities

People

  • Stuart W. Risch

Organizations

  • United States Army War College

Tags

Communities of Interest

  • Biomedical
  • Energy and Power Technologies
  • Human Systems
  • Weapons Technologies

DTIC Thesaurus Topics

  • Civil War
  • Criminals
  • Department Of State
  • Foreign Relations
  • Geography
  • Intergovernmental Organizations
  • International Law
  • International Organizations
  • International Relations
  • Iraqi-War
  • Judiciary
  • Law
  • National Security
  • Second World War
  • Treaties
  • United States
  • War Colleges

Readers

  • Criminal Law
  • Political Violence and Terrorism Studies.
  • Strategic Security Studies