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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Saturday marks the anniversary of the passage of the Interstate Commerce Act, which in 1887 created the first federal...…
The Office of Military Commissions quietly launched a new website this past Monday that was a year in the making. ...…
Congressman Dennis Kucinich (D-OH) recently sent a letter to the United Nations and the International Criminal Court...…
Going into the Review Conference of the International Criminal Court (ICC) in Kampala, Uganda, it was clear that the...…
Typically, international conferences like the Review Conference of the International Criminal Court are predictable,...…
In the International Criminal Court (ICC) Review Conference’s discussion of the “crime of aggression,” the U.S. agenda...…
The U.S. is currently participating in the Review Conference for the International Criminal Court in Kampala, Uganda,...…
The American Non-Governmental Organizations Coalition for the International Criminal Court (AMICC), a UN-aligned...…
Remember President Obama’s trip to Copenhagen last year? Not the failed Chicago Olympics bid, but the Climate Change...…
Jay Kingham Fellow in International Regulatory Affairs