United States Opposition to the International Criminal Court

This research paper discusses United States opposition to the International Criminal Court to determine whether its policies toward the court contradict its traditional leadership role in promoting international justice. It discusses the history of the ICC and details U.S. objections to the court. It examines U.S. claims that the ICC will undermine the role of the U.N. Security Council and that the ICC's legal framework will put American citizens at risk for politically motivated prosecutions. It discusses early U.S. support for the ICC, noting that U.S. support was always contingent upon Security Council oversight because of the Security Council's role in linking international justice with the maintenance of international peace and security. It explains why this link is necessary given the historic asymmetry between the international community's desire to promote international justice and the limited means to enforce it. The paper concludes there is no contradiction in American policy toward the ICC. Rather, U.S. policy seeks to preserve the longstanding nexus between peace and justice by ensuring institutions that enforce international justice are accountable to those most responsible for maintaining international peace and security.