Global Policy Forum

US Opposition to the International Criminal Court

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Picture Credit: flickr.com/Alkan de Beaumont Chaglar


The United States government has consistently opposed an international court that could hold US military and political leaders to a uniform global standard of justice. The Clinton administration participated actively in negotiations towards the International Criminal Court treaty, seeking Security Council screening of cases. If adopted, this would have enabled the US to veto any dockets it opposed. When other countries refused to agree to such an unequal standard of justice, the US campaigned to weaken and undermine the court. The Bush administration, coming into office in 2001 as the Court neared implementation, adopted an extremely active opposition. Washington began to negotiate bilateral agreements with other countries, insuring immunity of US nationals from prosecution by the Court. As leverage, Washington threatened termination of economic aid, withdrawal of military assistance, and other painful measures. The Obama administration has so far made greater efforts to engage with the Court. It is participating with the Court's governing bodies and it is providing support for the Court's ongoing prosecutions. Washington, however, has no intention to join the ICC, due to its concern about possible charges against US nationals.


  UN Documents | Articles

UN Documents

Why the United States Is So Opposed (December 2003)

In this Crimes of War article Paul W. Kahn analyzes the US opposition to the International Criminal Court. Kahn argues that the jurisdiction of the Court has become the site for a symbolic battle between law and politics for the US, a nation that believes that politics has priority over law.

America Service Members Protection Act 2002

This text is the original version as introduced into the US senate. The Act deepens the US refusal to cooperate with the ICC and it gives authority to the executive branch to "use all necessary means" to "free members of the armed forces of the United States 'detained' by the ICC."

Articles

2012

Opening the other Eye: Charles Taylor and Selective Accountability (May 1, 2012)

The US upholds a series of double standards on international criminality. It is the number 1 advocate of international criminal justice for others, but refuses to subject its own officials to the jurisdiction of the ICC, even going so far to threaten the use of military force in the Hague if the ICC indicts any US citizens. Western corporations are asked to comply voluntarily to moral practices, while political leaders in sovereign African states are subject to international criminal law. In this article, Richard Falk argues that the rule of law must be implemented consistently for people to take it seriously, and not only when it’s convenient for the global elite. (al Jazeera)

2011

Susan Rice Versus the ICC Prosecutor (August 24, 2011)

Following US Ambassador to the UN Susan Rice’s announcement that Libyan people can decide whether to try Gaddafi, the ICC chief prosecutor Luis Moreno-Ocampo released a statement reaffirming that the ICC, not Libya, must make the decision regarding Gaddafi’s trial. These conflicting statements highlight background politics of the Security Council (SC) and international law. Under controversial Resolution 1973, the SC granted the ICC authority to prosecute top Libyan officials for their role in the bloody crackdown on protests, but recent statements by Rice and other P3 (UK, etc.) members of the council “delegitimize” the role of the ICC. This shows the danger of the ICC being used by the SC in such an instrumental and political way. (Foreign Policy)