Reluctant Engagement: U.S. Policy and the International Criminal Court PDF Download
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Author: Mark D. Kielsgard
Publisher: BRILL
ISBN: 9004189750
Category : Law
Languages : en
Pages : 406
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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.
Author: Mark D. Kielsgard
Publisher: BRILL
ISBN: 9004189750
Category : Law
Languages : en
Pages : 406
Get Book
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.
Author: Jennifer Elsea
Publisher:
ISBN:
Category : Criminal jurisdiction
Languages : en
Pages : 44
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Book Description
One month after the International Criminal Court (ICC) officially came into existence on July 1, 2002, the President signed the American Servicemembers Protection Act (ASPA), which limits U.S. Government support and assistance to the ICC; curtails certain military assistance to many countries that have ratified the Rome Statute establishing the ICC; regulates U.S. participation in United Nations (UN) peacekeeping missions commenced after July 1, 2003; 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. The provision withholding military assistance under the programs for Foreign Military Financing (FMF) and International Military Education and Training (IMET) from certain States Parties to the Rome Statute came into effect on July 1, 2003. The 109th Congress reauthorized the Nethercutt Amendment as part of the FY2006 Consolidated Appropriations Act (H.R. 3057/P.L. 109-102). Unless waived by the President, it bars Economic Support Funds (ESF) assistance to countries that have not agreed to protect U.S. citizens from being turned over to the ICC for prosecution. H.R. 5522, as passed by the House of Representatives, would continue the ESF restriction for FY2007. The Senate passed a measure as part of the 2007 National Defense Authorization Act (H.R. 5122, S. 2766) that would modify ASPA to end the ban on IMET assistance. This report outlines the main objections the United States has raised with respect to the ICC and analyzes ASPA and other relevant legislation enacted or proposed to regulate U.S. cooperation with the ICC. The report concludes with a discussion of the implications for the United States, as a non-ratifying country, as the ICC begins to take shape, as well as the Administration's efforts to win immunity from the ICC's jurisdiction for Americans.
Author: Sarah B. Sewall
Publisher: Rowman & Littlefield Publishers
ISBN: 1461645964
Category : Law
Languages : en
Pages : 284
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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: Lee Feinstein
Publisher: Brookings Institution Press
ISBN: 0815721706
Category : Political Science
Languages : en
Pages : 201
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Book Description
"Reassesses U.S. relationship with the ICC and broader issues of U.S. policy toward international justice. Argues U.S. active support of ICC serves U.S. interests and is consistent with values to which America has aspired. Focuses on foreign policy, national security, and moral cases for shifting U.S. policy toward the Court"--Provided by publisher.
Author:
Publisher:
ISBN:
Category : Criminal jurisdiction
Languages : en
Pages : 194
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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: Sarah B. Sewall
Publisher: Rowman & Littlefield
ISBN: 9780742501355
Category : Law
Languages : en
Pages : 286
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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
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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: Rebecca Hamilton
Publisher: St. Martin's Press
ISBN: 0230112404
Category : Political Science
Languages : en
Pages : 274
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Book Description
Around the world, millions of people have added their voices to protest marches and demonstrations because they believe that, together, they can make a difference. When we failed to stop the genocide in Rwanda in 1994, we promised to never let such a thing happen again. But nine years later, as news began to trickle out of killings in western Sudan, an area known as Darfur, the international community again faced the problem of how the United Nations and the United States government could respond to mass atrocity. Rebecca Hamilton passionately narrates the six-year grassroots campaign to draw global attention to the plight of Darfur's people. From college students who galvanized entire university campuses in the belief that their outcry could save millions of Darfuris still at risk, to celebrities such as Mia Farrow, who spurred politicians to act, to Steven Spielberg, who boycotted the 2008 Summer Olympics in Beijing, Hamilton details how advocacy for Darfur was an exuberant, multibillion-dollar effort. She then does what no one has done to date: she takes us into the corridors of power and the camps of Darfur, and reveals the impact of ordinary people's fierce determination to uphold the mantra of "never again." Fighting for Darfur weaves a gripping story that both dramatizes our moral dilemma and shows the promise and perils of citizen engagement in a new era of global compassion.
Author: Michael N. Baker
Publisher:
ISBN: 9781613246948
Category : International criminal courts
Languages : en
Pages : 0
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Book Description
Contains edited, excerpted and augmented editions of CRS reports.
Author: Oumar Ba
Publisher: Cambridge University Press
ISBN: 1108806082
Category : Law
Languages : en
Pages : 207
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Book Description
This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.
