The United States and the International Criminal Court: National Security and International Law

The United States and the International Criminal Court: National Security and International Law

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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.

Product Details

ISBN-13: 9781461645962
Publisher: Rowman & Littlefield Publishers, Inc.
Publication date: 08/28/2000
Sold by: Barnes & Noble
Format: NOOK Book
Pages: 288
File size: 1 MB

About the Author

Sarah B. Sewall is projects director at the Carr Center for Human Rights Policy at Harvard's JFK School of Government. Carl Kaysen is David W. Skinner Professor of Political Economy, Emeritus, at Massachussetts Institute of Technology.

Table of Contents

Chapter 1
Chapter 2 The US and the ICC: An Overview
Part 3 The Roots of the ICC
Chapter 4 The Evolution of the International Criminal Court: From the Hague to Rome and Back Again
Chapter 5 Lessons from Recent International Criminal Tribunals
Chapter 6 The Statute of the International Criminal Court: Past, Present and Future
Chapter 7 Exceptional Cases in Rome: The United States and the Struggle for an International Criminal Court
Part 8 The US and the ICC
Chapter 9 US Perspective on the International Criminal Court
Chapter 10 The Constitution and the International Criminal Court
Chapter 11 American Servicemembers and the International Criminal Court
Chapter 12 The ICC and the Deployment of American Armed Forces
Chapter 13 The United States and Genocide Law: A History of Ambivalence
Part 14 The ICC and National Approaches to Justice
Chapter 15 Justice Versus Peace
Chapter 16 Complementarity and Conflict: States, Victims, and the International Criminal Court
Part 17 The ICC's Implications for International Law
Chapter 18 The ICC's Jurisdiction Over the Nationals of Non-Party States
Chapter 19 The International Criminal Court and the Future of the Global Legal System
Chapter 20 Appendix: Steps in Getting a Case to the ICC
Chapter 21

What People are Saying About This

Jimmy Carter

This comprehensive book gives citizens and policymakers the practical information they need to evaluate the International Criminal Court and to understand how American support will advance human rights and the national interest of the United States.

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