The United States and the International Criminal Court : National Security and International Law - Sarah B. Sewall

The United States and the International Criminal Court

National Security and International Law

By: Sarah B. Sewall (Editor), Carl Kaysen (Editor), Gary J. Bass (Contribution by)

Hardcover | 28 August 2000

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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.
Industry Reviews
The collection of 14 essays from distinguished diplomats, security specialists, political scientists, judges, and jurists ranges widely over the historical roots of the ICC; the relation between the U.S. and ICC; the difficult relation between criminal justice and conflict resolution; and finally the Court's impact on international criminal law and the percieved threat which might be posed to the integrity of global law if, in the end US ratification is withheld. The anthology contains a number of impressive contributions.--RUSI Journal, (Royal United Services Institute)

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Paperback

Published: 28th August 2000

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