Why is the U.S. Afraid of the International Criminal Court

2008 ◽  
Author(s):  
Jeffrey Wiley
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
The U.S

Memorandum to Congress on the ICC from Current and Past Presidents of the Asil

2001 ◽  
Vol 95 (4) ◽  
pp. 967-969
Author(s):  
Arthur W. Rovine
Keyword(s):  
House Of Representatives ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Military Assistance ◽  
Government Officials ◽  
High Government ◽  
Treaty Of Rome ◽  
The U.S

Late last year, in a letter to Congressman Tom DeLay, majority whip of the House of Representatives, twelve former high government officials expressed their support for a bill introduced by Senator Jesse Helms in June 2000, entitled "American Servicemembers' Protection Act."1 The bill, if enacted, would prohibit any agency of the U.S. government from cooperating with the international criminal court (ICC), and proscribe U.S. military assistance to any nation that becomes a party to the treaty of Rome,2 with the exception of NATO members and certain other allied countries.

The United States, the International Criminal Court, and Afghanistan: The Rupturing of Mutual Accommodation

2020 ◽  
Vol 20 (6) ◽  
pp. 1068-1107
Author(s):  
Kevin S. Robb ◽  
Shan Patel
Keyword(s):  
United States ◽  
Foreign Policy ◽  
National Security ◽  
International Criminal Court ◽  
International Criminal ◽  
The United States ◽  
Criminal Court ◽  
Strategic Approach ◽  
Chief Prosecutor ◽  
The U.S

Abstract In September 2018, then U.S. National Security Advisor John Bolton delivered a speech that ushered in a new, more aggressive era of U.S. foreign policy vis-à-vis the International Criminal Court (icc). Washington’s disapprobation over the icc’s interest in the alleged crimes of U.S. personnel in Afghanistan has been seen as the cause for this change. While this is certainly partly true, little attention has been paid to Fatou Bensouda’s prosecutorial behaviour as an explanatory factor. Using the framework from David Bosco’s Rough Justice, this article demonstrates that a distinct shift in prosecutorial behaviour occurred when Fatou Bensouda took over as Chief Prosecutor. In contrast to Luis Moreno Ocampo’s strategic approach, avoidant of U.S. interests, Bensouda’s apolitical approach directly challenged the U.S. This shift in prosecutorial behaviour ruptured the ‘mutual accommodation’ that previously characterised the icc-U.S. relationship and, in turn, produced the shift in U.S. policy that now marginalises the Court.

scholarly journals Propaganda Warfare on the International Criminal Court

2021 ◽  
pp. 581
Author(s):  
Sara Ochs
Keyword(s):  
Public Opinion ◽  
Department Of Defense ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Law Of War ◽  
The U.S

Propaganda warfare, while novel in nomenclature, is far from new in practice. In an era dominated by constant news, battles for public opinion complement physical attacks. In fact, “winning modern wars is as much dependent on carrying domestic and international public opinion as it is on defeating the enemy on the battlefield.” The fight for public opinion has become so valuable to military initiatives that the U.S. Department of Defense Law of War Manual specifically recognizes propaganda directed towards “civilian or neutral audiences” as a “permissible means of war.”

No Home in this World: The Case against John Yoo before the International Criminal Court

2020 ◽  
Vol 20 (5) ◽  
pp. 862-907
Author(s):  
Jake Romm
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Liability ◽  
Prima Facie ◽  
Criminal Court ◽  
Legal Counsel ◽  
Torture Memos ◽  
The U.S

Former Office of Legal Counsel lawyer John Yoo’s criminal liability for the U.S. Torture Program has been a topic of debate ever since the so-called ‘Torture Memos’ came to light. The debate has primarily focused on the criminal case against Yoo under domestic U.S. law or under abstract notions of ‘international law’. In light of the International Criminal Court’s investigation into the situation in Afghanistan there is reason to hope for a possible indictment of Yoo. This article fills in a gap in the literature surrounding Yoo’s culpability by straightforwardly delineating the prima facie case against John Yoo under the Rome Statute.

scholarly journals Trump Administration Expresses Strong Disapproval of the International Criminal Court

2019 ◽  
Vol 113 (1) ◽  
pp. 169-173
Keyword(s):  
United States ◽  
National Security ◽  
International Criminal Court ◽  
International Criminal ◽  
War Crimes ◽  
The United States ◽  
Criminal Court ◽  
Intelligence Agencies ◽  
The U.S ◽  
Trump Administration

On September 10, 2018, U.S. National Security Advisor John Bolton delivered an address fiercely criticizing the International Criminal Court (ICC). Bolton challenged the legitimacy of the ICC and expressed particular concern over its inquiry into potential war crimes committed by members of the U.S. military and intelligence agencies in Afghanistan. He identified retaliatory measures the United States would undertake if the ICC “comes after us, Israel or other U.S. allies.”

scholarly journals AMERICA’S OBJECTIONS TO THE INTERNATIONAL CRIMINAL COURT

1969 ◽  
Vol 1 (1) ◽  
Author(s):  
Eric D. Smaw
Keyword(s):  
United States ◽  
Human Rights ◽  
International Criminal Court ◽  
International Criminal ◽  
The United States ◽  
Criminal Court ◽  
Protective Measures ◽  
History Of ◽  
The U.S

In what follows, I present a combination of philosophical and political perspectives on human rights and the establishment of an international criminal court. I present the United States’ pragmatic objections to establishing an international criminal court. Contrary to the United States’ pragmatic objections, I argue in favor of an international criminal court. Ultimately, I attempt to illustrate that the international criminal court will have protective measures designed to prevent political abuses of justice. When working properly, these protective measures will satisfy the U.S.’s pragmatic concerns. Thus, I conclude, the U.S. ought not abandon its longer history of supporting the establishment of an international criminal court.

Response to Koh and Buchwald’s Article: Don Quixote and Sancho Panza Tilt at Windmills

2015 ◽  
Vol 109 (3) ◽  
pp. 557-569 ◽  
Author(s):  
Alain Pellet
Keyword(s):  
United States ◽  
International Criminal Court ◽  
International Criminal ◽  
The United States ◽  
Criminal Court ◽  
Don Quixote ◽  
Points Of View ◽  
Definition Of ◽  
Sancho Panza ◽  
The U.S

In their eagerness to justify the “United States perspective” on the Kampala definition of the crime of aggression and on the International Criminal Court (ICC), Koh and Buchwald tend to invent imaginary enemies and to ascribe to them views that they do not actually hold. In so doing, the authors weaken a thesis that, in some respects, is not devoid of interest. From at least two points of view, however, their article is paradoxical, if not pathetic—exactly like the U.S. position.

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