Hostile Outsider or Influential Insider. The United States and the International Criminal Court

摘要

In 1998, following history's bloodiest century, the global community established a permanent International Criminal Court to investigate and prosecute heinous crimes such as genocide. Initially supporting the Court, the US later renounced all obligations to it based on perceived fundamental flaws. While the UN and most democratic/allied nations endorse it, the US strenuously opposes and actively seeks to undermine the Court's capabilities, causing considerable discord and resentment. Already losing substantial international standing over recent policies on world events, the US is also harshly criticized over its Court opposition. Continued resistance risks greater isolationism and lack of credibility/support, something the US cannot afford. Moreover, history demonstrates that absent the Court's enforcement mechanisms, impunity will reign. To perform a significant role in the ICC and maintain its reputation for promoting human rights, justice, and the rule of law the US must ratify the Court's governing statute or, at a minimum, adopt a strategy and policy of conciliation and cooperation, not obstruction and antagonism. This paper encourages greater study and debate of this misunderstood yet vital aspect of US national security policy and strategy, ultimately proposing that the US policy toward the ICC become that of an influential insider vice hostile outsider.