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The United States and the International Criminal Court
National Security and International Law
Editors:
|
Publisher:
2000
Summary
American reluctance to join the International Criminal Court illuminates important trends in international security and a central dilemma facing U.S. Foreign policy in the 21st century.
The ICC will prosecute individuals who commit egregious international human rights violations such as genocide. The Court is a logical culmination of the global trends toward expanding human rights and creating international institutions. The U.S., which fostered these trends because they served American national interests, initially championed the creation of an ICC. The Court fundamentally represents the triumph of American values in the international arena.
Yet the United States now opposes the ICC for fear of constraints upon America's ability to use force to protect its national interests. The principal national security and constitutional objections to the Court, which the volume explores in detail, inflate the potential risks inherent in joining the ICC. More fundamentally, they reflect a belief in American exceptionalism that is unsustainable in today's world. Court opponents also underestimate the growing salience of international norms and institutions in addressing emerging threats to U.S. national interests. The misguided assessments that buttress opposition to the ICC threaten to undermine American leadership and security in the 21st century more gravely than could any international institution.
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Bibliographic data
Copyright year
2000
ISBN-Print
978-0-7425-0134-8
ISBN-Online
978-1-4616-4596-2
Publisher
Rowman & Littlefield, Lanham
Language
English
Pages
267
Product type
Edited Book
Table of contents
ChapterPages
Table of Contents No access
Acknowledgments No access
List of Acronyms No access
1: The United States and the International Criminal Court: An Overview No access
2: The Evolution of the ICC: From The Hague to Rome and Back Again No access
3: Lessons from the International Criminal Tribunals No access
4: The Statute of the ICC: Past, Present, and Future No access
5: Exceptional Cases in Rome: The United States and the Struggle for an ICC No access
6: The U.S. Perspective on the ICC No access
7: The Constitution and the ICC No access
8: American Servicemembers and the ICC No access
9: The ICC and the Deployment of U.S. Armed Forces No access
10: The United States and Genocide Law: A History of Ambivalence No access
11: Justice versus Peace No access
12: Complementarity and Conflict: States, Victims, and the ICC No access
13: The ICC's Jurisdiction over the Nationals of Non–Party States No access
14: The ICC and the Future of the Global Legal System No access
Appendix: Bringing a Case to the ICC: Pathways and Thresholds No access Pages 249 - 254
Index No access Pages 255 - 262
About the Contributors No access Pages 263 - 267
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