Rethinking the U.S. Policy on the International Criminal Court

摘要

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.