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…
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…