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International Criminal Court

Our Research & Offerings on International Criminal Court
  • Issue Brief posted April 4, 2012 by Brett D. Schaefer ICC Prosecutor Makes Right Call on Palestinian Declaration, but Grave Concerns Remain

    In an effort to bring international pressure on Israel, the Palestinian Authority declared in 2009 that it would submit to the jurisdiction of the International Criminal Court (ICC) for alleged crimes committed in its territory. Three years later, the ICC prosecutor concluded that he does not have the authority under the Rome Statute to initiate an investigation because…

  • WebMemo posted June 9, 2011 by Brett D. Schaefer International Criminal Court Complicates Conflict Resolution in Libya

    Despite NATO intervention and advances by opposition forces, the Libyan conflict appears far from resolution. The White House support for rushing referral of Muammar Qadhafi to the International Criminal Court (ICC) has significantly complicated efforts to get Qadhafi to leave the country. The lesson of the ICC referral of Libya is that the pursuit of international…

  • WebMemo posted March 4, 2011 by Brett D. Schaefer, Steven Groves The Motivation for the Referral of Libya to the ICC: Political Pressure or Justice?

    The killings and other atrocities committed in Libya, if confirmed, likely rise to the level of crimes against humanity, which are under International Criminal Court (ICC) jurisdiction in the Rome Statute. But the ICC is supposed to be a court of last resort, becoming involved only if national authorities prove unwilling or unable to pursue the alleged crimes. It has yet…

  • Backgrounder posted August 9, 2010 by Brett D. Schaefer The Kampala Aftermath: The U.S. Should Remain Wary of the ICC

    Abstract: Overall, the U.S. effort at the International Criminal Court Review Conference in Kampala was a qualified success. The outcome could have been much worse. While the conference adopted the Belgian amendment, creating a precedent for criminalizing the use of additional weapons as war crimes under the Rome Statute, the U.S. did succeed in minimizing the immediate…

  • Commentary posted June 3, 2010 by Marion Smith Of Red-Coats and Black-Robes: The ICC Threatens American Justice

    Many people, even among the current administration, think the International Criminal Court should be the world's highest arbiter in criminal matters. Despite good intentions, however, there's a sinister dimension to giving the ICC more power. This month's 10-year review conference of the ICC is being held in Uganda. It's unlikely to fix this deeply-flawed…

  • Backgrounder posted May 28, 2010 by Brett D. Schaefer, Steven Groves The ICC Review Conference: A Threat to U.S. Interests

    Abstract: Since the approval of the Rome Statute in 1998, U.S. policy toward the International Criminal Court has been clear and consistent: The U.S. has refused to join the ICC because it lacks prudent safeguards against political manipulation, possesses sweeping authority without accountability to the U.N. Security Council, and violates national sovereignty by claiming…

  • America at Risk Memo posted May 17, 2010 by Steven Groves The Interdependence of National Security and National Sovereignty

    There is a clear difference of opinion between people who believe in a national defense policy directed solely by the protection of U.S. security interests and others—sometimes referred to as “transnational progressives”—who believe that the United Nations Security Council and other elements of the “international community” should have an influence on U.S. decisions…

  • Commentary posted January 29, 2010 by Brett D. Schaefer, Steven Groves US Should Pursue Cautious Cooperation With International Criminal Court

    Brett Schaefer and Steven Groves [Fellows, The Heritage Foundation ]: "The comments by US Ambassador-at-Large for War Crimes Issues Stephen Rapp yesterday are a welcome confirmation of the concerns held by many Americans regarding the potential for overreach by the International Criminal Court and its prosecutor. As Ambassador Rapp cautioned, there is a…

  • Backgrounder posted August 18, 2009 by Brett D. Schaefer, Steven Groves The U.S. Should Not Join the International Criminal Court

    The idea of establishing an international court to prosecute serious international crimes--war crimes, crimes against humanity, and genocide--has long held a special place in the hearts of human rights activists and those hoping to hold perpetrators of terrible crimes to account. In 1998, that idea became reality when the Rome Statute of the International Criminal…

  • Commentary posted February 13, 2009 by Brett D. Schaefer Crimes Need To Be Punished, But Is The ICC The Right Means?

    The International Criminal Court (ICC) -- which was formally established in 2003 to prosecute war crimes, crimes against humanity, genocide, and the as-of-yet-undefined crime of aggression -- has long held a special place in the hearts of human rights activists and those hoping to hold perpetrators of terrible crimes to account. Although supporters of the court…

Find more work on International Criminal Court
  • Backgrounder posted August 18, 2009 by Brett D. Schaefer, Steven Groves The U.S. Should Not Join the International Criminal Court

    The idea of establishing an international court to prosecute serious international crimes--war crimes, crimes against humanity, and genocide--has long held a special place in the hearts of human rights activists and those hoping to hold perpetrators of terrible crimes to account. In 1998, that idea became reality when the Rome Statute of the International Criminal…

  • Backgrounder posted March 8, 2005 by Brett D. Schaefer The Bush Administration's Policy on the International Criminal Court Is Correct

    The United States and many advocates for the International Criminal Court (ICC) have long been at odds over the court's statute, accountability, and jurisdiction. Although these differences have not been resolved, two recent actions have refocused international and domestic attention on America's policy toward the ICC. The first was enactment of the…

  • Backgrounder posted August 9, 2010 by Brett D. Schaefer The Kampala Aftermath: The U.S. Should Remain Wary of the ICC

    Abstract: Overall, the U.S. effort at the International Criminal Court Review Conference in Kampala was a qualified success. The outcome could have been much worse. While the conference adopted the Belgian amendment, creating a precedent for criminalizing the use of additional weapons as war crimes under the Rome Statute, the U.S. did succeed in minimizing the immediate…

  • Backgrounder posted May 28, 2010 by Brett D. Schaefer, Steven Groves The ICC Review Conference: A Threat to U.S. Interests

    Abstract: Since the approval of the Rome Statute in 1998, U.S. policy toward the International Criminal Court has been clear and consistent: The U.S. has refused to join the ICC because it lacks prudent safeguards against political manipulation, possesses sweeping authority without accountability to the U.N. Security Council, and violates national sovereignty by claiming…

  • America at Risk Memo posted May 17, 2010 by Steven Groves The Interdependence of National Security and National Sovereignty

    There is a clear difference of opinion between people who believe in a national defense policy directed solely by the protection of U.S. security interests and others—sometimes referred to as “transnational progressives”—who believe that the United Nations Security Council and other elements of the “international community” should have an influence on U.S. decisions…

  • Executive Memorandum posted January 9, 2001 by Brett D. Schaefer Overturning Clinton's Midnight Action on the International CriminalCourt

    President Bill Clinton unexpectedly authorized a U.S. representative to sign the 1998 Rome Statute establishing an International Criminal Court (ICC) on December 31, 2000--the last day countries could become parties to the treaty without ratifying it. This caught Congress and America by surprise; the Administration had refused to sign the treaty for 18…

  • Commentary posted January 29, 2010 by Brett D. Schaefer, Steven Groves US Should Pursue Cautious Cooperation With International Criminal Court

    Brett Schaefer and Steven Groves [Fellows, The Heritage Foundation ]: "The comments by US Ambassador-at-Large for War Crimes Issues Stephen Rapp yesterday are a welcome confirmation of the concerns held by many Americans regarding the potential for overreach by the International Criminal Court and its prosecutor. As Ambassador Rapp cautioned, there is a…

  • Commentary posted June 3, 2010 by Marion Smith Of Red-Coats and Black-Robes: The ICC Threatens American Justice

    Many people, even among the current administration, think the International Criminal Court should be the world's highest arbiter in criminal matters. Despite good intentions, however, there's a sinister dimension to giving the ICC more power. This month's 10-year review conference of the ICC is being held in Uganda. It's unlikely to fix this deeply-flawed…

  • WebMemo posted June 9, 2011 by Brett D. Schaefer International Criminal Court Complicates Conflict Resolution in Libya

    Despite NATO intervention and advances by opposition forces, the Libyan conflict appears far from resolution. The White House support for rushing referral of Muammar Qadhafi to the International Criminal Court (ICC) has significantly complicated efforts to get Qadhafi to leave the country. The lesson of the ICC referral of Libya is that the pursuit of international…

  • Commentary posted February 13, 2009 by Brett D. Schaefer Crimes Need To Be Punished, But Is The ICC The Right Means?

    The International Criminal Court (ICC) -- which was formally established in 2003 to prosecute war crimes, crimes against humanity, genocide, and the as-of-yet-undefined crime of aggression -- has long held a special place in the hearts of human rights activists and those hoping to hold perpetrators of terrible crimes to account. Although supporters of the court…

Find more work on International Criminal Court
  • Issue Brief posted April 4, 2012 by Brett D. Schaefer ICC Prosecutor Makes Right Call on Palestinian Declaration, but Grave Concerns Remain

    In an effort to bring international pressure on Israel, the Palestinian Authority declared in 2009 that it would submit to the jurisdiction of the International Criminal Court (ICC) for alleged crimes committed in its territory. Three years later, the ICC prosecutor concluded that he does not have the authority under the Rome Statute to initiate an investigation because…

  • WebMemo posted June 9, 2011 by Brett D. Schaefer International Criminal Court Complicates Conflict Resolution in Libya

    Despite NATO intervention and advances by opposition forces, the Libyan conflict appears far from resolution. The White House support for rushing referral of Muammar Qadhafi to the International Criminal Court (ICC) has significantly complicated efforts to get Qadhafi to leave the country. The lesson of the ICC referral of Libya is that the pursuit of international…

  • WebMemo posted March 4, 2011 by Brett D. Schaefer, Steven Groves The Motivation for the Referral of Libya to the ICC: Political Pressure or Justice?

    The killings and other atrocities committed in Libya, if confirmed, likely rise to the level of crimes against humanity, which are under International Criminal Court (ICC) jurisdiction in the Rome Statute. But the ICC is supposed to be a court of last resort, becoming involved only if national authorities prove unwilling or unable to pursue the alleged crimes. It has yet…

  • Backgrounder posted August 9, 2010 by Brett D. Schaefer The Kampala Aftermath: The U.S. Should Remain Wary of the ICC

    Abstract: Overall, the U.S. effort at the International Criminal Court Review Conference in Kampala was a qualified success. The outcome could have been much worse. While the conference adopted the Belgian amendment, creating a precedent for criminalizing the use of additional weapons as war crimes under the Rome Statute, the U.S. did succeed in minimizing the immediate…

  • Backgrounder posted May 28, 2010 by Brett D. Schaefer, Steven Groves The ICC Review Conference: A Threat to U.S. Interests

    Abstract: Since the approval of the Rome Statute in 1998, U.S. policy toward the International Criminal Court has been clear and consistent: The U.S. has refused to join the ICC because it lacks prudent safeguards against political manipulation, possesses sweeping authority without accountability to the U.N. Security Council, and violates national sovereignty by claiming…

  • America at Risk Memo posted May 17, 2010 by Steven Groves The Interdependence of National Security and National Sovereignty

    There is a clear difference of opinion between people who believe in a national defense policy directed solely by the protection of U.S. security interests and others—sometimes referred to as “transnational progressives”—who believe that the United Nations Security Council and other elements of the “international community” should have an influence on U.S. decisions…

  • Backgrounder posted August 18, 2009 by Brett D. Schaefer, Steven Groves The U.S. Should Not Join the International Criminal Court

    The idea of establishing an international court to prosecute serious international crimes--war crimes, crimes against humanity, and genocide--has long held a special place in the hearts of human rights activists and those hoping to hold perpetrators of terrible crimes to account. In 1998, that idea became reality when the Rome Statute of the International Criminal…

  • Backgrounder posted March 8, 2005 by Brett D. Schaefer The Bush Administration's Policy on the International Criminal Court Is Correct

    The United States and many advocates for the International Criminal Court (ICC) have long been at odds over the court's statute, accountability, and jurisdiction. Although these differences have not been resolved, two recent actions have refocused international and domestic attention on America's policy toward the ICC. The first was enactment of the…

  • Executive Memorandum posted January 9, 2001 by Brett D. Schaefer Overturning Clinton's Midnight Action on the International CriminalCourt

    President Bill Clinton unexpectedly authorized a U.S. representative to sign the 1998 Rome Statute establishing an International Criminal Court (ICC) on December 31, 2000--the last day countries could become parties to the treaty without ratifying it. This caught Congress and America by surprise; the Administration had refused to sign the treaty for 18…

Find more work on International Criminal Court
Find more work on International Criminal Court