The International Criminal Court as a Component of U.S. National Security Strategy
FLETCHER SCHOOL OF LAW AND DIPLOMACY MEDFORD MA
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In 2000, the United States signed the Treaty of Rome, agreeing to the creation of the International Criminal Court. But subsequently, the United States withdrew from the treaty, expressing serious reservations about the court. Since the United States withdrawal from the treaty, the Kampala Conference, work within the court, and the practices of the court may have served to answer the United States reservations to the treatys ratification. This research paper first analyzes U.S. public statements with respect to the rule of law being a goal of national security strategy. The paper then analyzes how the International Criminal Court fits into the U.S. conception of advancing the rule of law. The paper discusses objections to the International Criminal Court and then determines whether those objections are applicable, especially in light of developments since the Kampala Conference. The analysis also will examine the effect of the transition of U.S. security personnel from national forces to private contractors on the acceptability of International Criminal Court accession. The paper will compare the advantages and disadvantages of ICC accession, determine if U.S. accession is advisable, and recommend actions to help the United States make progress toward accession.
- Government and Political Science
- Sociology and Law
- Military Forces and Organizations