Essay about The United States and The International Criminal Court

Essay about The United States and The International Criminal Court

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The International Criminal Court (ICC), created in 1998 (Thayer and Ibryamova 2010), is responsible for investigating and prosecuting the most extreme cases, including crimes against humanity, aggressive crimes, war crimes, and genocide. The credibility of this institution, however, has been compromised due to the United States revocation of support and membership. Initially it is important to recognize the arguments against the United States becoming a member state of the ICC and what precipitated the U.S. withdrawing its signature from the document that instituted the Court. Once this has been established, addressing and refuting these objections will develop the arguments in favor of ICC membership. Finally, this analysis will lead to proving how the United States becoming a member state will increase the effectiveness and integrity of the International Criminal Court.
One opposing standpoint to the union of the United States and the International Criminal Court is the concern of sovereignty. Those who support the United States’ decision to revoke its signature from the Rome Statute argue that by joining the ICC, America’s sovereignty would be threatened, for the country would be required to answer to a higher court. In accordance with this, many on the opposition believe it is necessary to create legislation that protects Americans from the ICC and allows the U.S. to retain its sovereignty. Consequently, the international community has expressed outrage in the United States’ actions to combat the International Criminal Court’s authority. As a world leader with one of the most sophisticated and respected judicial systems, these types of actions present the U.S. as appearing indifferent to the plight of human rights violations...


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...nal Court: History and Role,” Library of Parliament, 2(11), 12.
Bogdan, Attila (2008), “The United States and the International Criminal Court: Avoiding Jurisdiction Through Bilateral Agreements in Reliance on Article 98,” International Criminal Law Review, 8(1-2), 5.
Chicago Council on Global Affairs (2010), “Constrained Internationalism: Adapting to New Realities,” [http://www.amicc.org/docs/Chicago_Council_Global_Views_2010.pdf], accessed 9 April 2012.
Elsea, Jennifer (2002), “International Criminal Court: Overview and Selected Legal Issues,” in Report for Congress (Washington D.C.: Library of Congress), 47.
Elsea, Jennifer (2006), “U.S. Policy Regarding the International Criminal Court,” in CRS Report for Congress (Washington D.C.: Library of Congress), 4.
Thayer, Bradley A., Nuray V. Ibryamova (2010), Debates in International Relations (New York: Longman).

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