Trying to Win the Legal Battle but Losing the Strategic War: U.S. Efforts to Thwart the International Criminal Court
Abstract
The International Criminal Court ("ICC") is widely regarded within the international community as a positive and necessary step toward individual accountability for those who order and carry out the most heinous of crimes genocide, crimes against humanity, and war crimes. The United States government views the ICC as an international institution that threatens U.S. sovereignty and has the potential to be a forum in which its servicemembers and government officials may fall victim to malicious, politically motivated prosecutions. Congress and the Bush administration instituted measures to minimize the possibility of American citizens falling under ICC jurisdiction. These measures accomplished little in terms of true protection of U.S. citizens from ICC prosecution; they did, however, adversely impact U.S. strategic interests. This paper will examine the ICC's authority, U.S. objections to ICC authority, U.S. actions to prevent the ICC from obtaining jurisdiction over American citizens and the adverse impact these actions had on its strategic interests, and offer a less contentious approach for dealing with both the ICC and other nations that support the Court.
Document Details
- Document Type
- Technical Report
- Publication Date
- May 09, 2007
- Accession Number
- ADA471516
Entities
People
- Mitchell R. Chitwood
Organizations
- United States Army War College