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Author: Mark D. Kielsgard Publisher: BRILL ISBN: 9004189750 Category : Law Languages : en Pages : 406
Book Description
Why has the United States taken such a firm stance against the International Criminal Court (ICC) and expended such diplomatic goodwill in an attempt to dismantle a tribunal that poses no serious risk to its citizens? This book critiques causal ideologies such as American exceptionalism, state sovereignty and laissez-faire capitalism to show how U.S. opposition is driven by pervasive political, legal, historic, military and economic conditioning factors. It shows how U.S. attitudes transcend partisan politics and predicts how the U.S.-ICC relationship will be affected by the economic crisis, shifting international geopolitical power structures, the crisis in the U.S. military, unfolding international human rights law and the “politics of change” promised by the nascent Obama administration. “The United States has been at the centre of international criminal justice initiatives, from Nuremberg to the more recent ad hoc tribunals for the former Yugoslavia, Rwanda, Sierra Leone and Lebanon. But its position has been lukewarm and sometimes, in the darkest days of the Bush administration, outright hostile to the International Criminal Court. Filling a gap in the literature, Dr Mark Kielsgard reviews the history of American policy, analysing the factors that have driven it, making useful and practical suggestions aimed at greater engagement of the United States with the International Criminal Court.” Professor William A. Schabas
Author: Mark D. Kielsgard Publisher: BRILL ISBN: 9004189750 Category : Law Languages : en Pages : 406
Book Description
Why has the United States taken such a firm stance against the International Criminal Court (ICC) and expended such diplomatic goodwill in an attempt to dismantle a tribunal that poses no serious risk to its citizens? This book critiques causal ideologies such as American exceptionalism, state sovereignty and laissez-faire capitalism to show how U.S. opposition is driven by pervasive political, legal, historic, military and economic conditioning factors. It shows how U.S. attitudes transcend partisan politics and predicts how the U.S.-ICC relationship will be affected by the economic crisis, shifting international geopolitical power structures, the crisis in the U.S. military, unfolding international human rights law and the “politics of change” promised by the nascent Obama administration. “The United States has been at the centre of international criminal justice initiatives, from Nuremberg to the more recent ad hoc tribunals for the former Yugoslavia, Rwanda, Sierra Leone and Lebanon. But its position has been lukewarm and sometimes, in the darkest days of the Bush administration, outright hostile to the International Criminal Court. Filling a gap in the literature, Dr Mark Kielsgard reviews the history of American policy, analysing the factors that have driven it, making useful and practical suggestions aimed at greater engagement of the United States with the International Criminal Court.” Professor William A. Schabas
Author: Publisher: ISBN: Category : Criminal jurisdiction Languages : en Pages : 194
Book Description
The Rome Statute establishing the International Criminal Court (ICC or Court) entered into force on July 1, 2002. With the Court now established and developing a track record of engagement in situations, such as Darfur, that are of great interest to the United States, it seemed that there might be important ways in which the United States might engage and support the Court, whether joining it or short of joining it. This Task Force has undertaken such a review, hearing from more than a dozen experts and officials representing a variety of perspectives on the ICC. Our conclusion, detailed in the recommendations in this report, is that the United States should announce a policy of positive engagement with the Court, and that this policy should be reflected in concrete support for the Court's efforts and the elimination of legal and other obstacles to such support. The Task Force does not recommend U.S. ratification of the Rome Statute at this time. But it urges engagement with the ICC and the Assembly of States Parties in a manner that enables the United States to help further shape the Court into an effective accountability mechanism. The Task Force believes that such engagement will also facilitate future consideration of whether the United States should join the Court.
Author: Lee Feinstein Publisher: Rowman & Littlefield ISBN: 0815721714 Category : Political Science Languages : en Pages : 201
Book Description
The International Criminal Court remains a sensitive issue in U.S. foreign policy circles. It was agreed to at the tail end of the Clinton administration, but with serious reservations. In 2002 the Bush administration ceremoniously reversed course and "unsigned" the Rome Statute that had established the Court. But recent developments in Washington and elsewhere indicate that the United States may be moving toward de facto acceptance of the Court and active cooperation in its mission. In Means to an End, Lee Feinstein and Tod Lindberg reassess the relationship of the United States and the ICC, as well as American policy toward international justice more broadly. Praise for the hardcover edition of Means to an End "Books of this sort are all too rare. Two experienced policy intellectuals, one liberal, one conservative, have come together to find common ground on a controversial foreign policy issue.... The book is short, but it goes a long way toward clearing the ideological air." — Foreign Affairs "A well-researched and timely contribution to the debate over America's proper relationship to the International Criminal Court. Rigorous in its arguments and humane in its conclusions, the volume is an indispensable guide for scholars and policymakers alike." —Madeleine K. Albright, former U.S. Secretary of State "Two of our nation's leading authorities on preventing atrocities have joined to make a convincing argument that closer cooperation with the International Criminal Court will help promote human rights and the values on which America was founded." —Angelina Jolie, co-chair, Jolie-Pitt Foundation
Author: Sarah B. Sewall Publisher: Rowman & Littlefield Publishers ISBN: 1461645964 Category : Law Languages : en Pages : 284
Book Description
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.
Author: Congressional Research Service: The Libr Publisher: ISBN: 9781289591144 Category : Languages : en Pages : 32
Book Description
One month after the International Criminal Court (ICC) officially came into existence on July 1, 2002, the President signed legislation that limits U.S. government support and assistance to the ICC, curtails military assistance to many countries that have ratified the Rome Statute establishing the ICC, and most controversially among European allies, authorizes the President to use "all means necessary and appropriate to bring about the release" of certain U.S. and allied persons who may be detained or tried by the ICC. While most U.S. allies support the ICC, the Bush Administration firmly opposes it and has renounced any U.S. obligations under the treaty. The Administration initially vetoed a United Nations resolution to extend the peacekeeping mission in Bosnia because it did not contain any guarantee that U.S. participants would be immune to prosecution by the ICC. Ultimately, the Security Council and the U.S. delegation were able to reach a compromise that defers for one year any prosecution of participants in U.N. established or authorized missions, whose home countries have not ratified the Rome Statute. While the compromise falls short of the Administration's original goal of ensuring permanent immunity for U.S. citizens from the ICC, it suggests that the role of ...
Author: Publisher: ISBN: Category : Languages : en Pages : 7
Book Description
Changes to U.S. strategic policy since September 11, 2001, have shifted the focus of American security efforts toward building and maintaining strategic partnerships, as well as increasing the capacity of partner nations to respond to crises and contribute to local, regional, and international stability. These themes run throughout U.S. national security policy documents -- including the National Security Strategy, National Defense Strategy, National Military Strategy, National Strategy for Maritime Security, and Quadrennial Defense Review -- and the military Services are being reshaped accordingly. Changes in forces include an increased emphasis on language training and cultural awareness, greater engagement/theater security cooperation, and organizational changes to support more training and engagement with partner nations. The President's 2008 budget submission to Congress includes considerable funding in support of diplomatic and military programs fostering improved international partnerships. Unfortunately, U.S. policy on the International Criminal Court (ICC), including the associated American Service-members' Protection Act (ASPA) of 2002 and Nethercutt Amendment, runs counter to this strategic partnership theme. ASPA and the Nethercutt Amendment have strained U.S. relations with many partners and have caused significant damage at the operational and strategic levels. At the operational level, ASPA has harmed military-to-military relationships, particularly in the case of international military education and training. At the strategic level, U.S. policy on the ICC separates the United States from the overwhelming majority of the world's modern societies and is further isolating America from its partners and potential partners.
Author: Sarah B. Sewall Publisher: Rowman & Littlefield ISBN: 9780742501355 Category : Law Languages : en Pages : 286
Book Description
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.
Author: Jason Ralph Publisher: OUP Oxford ISBN: 0191526789 Category : Political Science Languages : en Pages : 256
Book Description
This book is among the first to address the issues raised by the International Criminal Court (ICC) from an International Relations perspective. By clearly outlining a theoretical framework to interpret these issues, Ralph makes a significant contribution to the English School's study of international society. More specifically, he offers a concise definition of 'world society' and thus helps to resolve a longstanding problem in international theory. This groundbreaking conceptual work is supported by an in-depth empirical analysis of American opposition to the ICC. Ralph goes beyond the familiar arguments related to national interests and argues that the Court has exposed the extent to which American notions of accountability are tied to the nation-state. Where other democracies are willing to renegotiate their social contract because they see themselves as part of world society, the US protects its particular contract with 'the people' because it offers a means of distinguishing America and its democracy from the rest of the world. This 'sovereigntist', or more accurately 'Americanist', influence is further illustrated in chapters on the sources of law, universal jurisdiction, transatlantic relations and US policy on international humanitarian law in the war on terror. The book concludes by evoking E.H. Carr's criticism of those great powers who claim that a harmony exists between their particular interests and those of wider society. It also recalls his argument that great powers sometimes need to compromise and in this context, Ralph argues that support for the ICC is a more effective means of fulfilling America's purpose and a less costly sacrifice than that demanded by the 'Americanist' policy of nation-building.
Author: Alton Frye Publisher: Council on Foreign Relations ISBN: 9780876092613 Category : Law Languages : en Pages : 112
Book Description
This new Council Policy Initiative thoroughly examines three options for U.S. policy: endorse the ICC, reject the ICC, or work with the ICC as a nonparty while seeking to resolve U.S. objections to the treaty.
Author: Mark D. Kielsgard
Author: Mark D. Kielsgard
Author: 
Author: Lee Feinstein
Author: Sarah B. Sewall
Author: Congressional Research Service: The Libr
Author: 
Author: Sarah B. Sewall
Author: Jennifer Elsea
Author: Jason Ralph
Author: Alton Frye