The United States' Position on the International Criminal Court : Between National Interests and the Demands of International Justice

Abstract

The relationship between the United States and the International Criminal Court (ICC) has been fraught with tension since the Court’s establishment. U.S. opposition to the ICC predates the entry into force of the Rome Statute and persists even in the present.

 The United States has relied on several justifications for its categorical rejection of any jurisdiction of the Court over its nationals, considering such jurisdiction to be a violation of its national sovereignty. It has taken various measures to limit the Court’s activities and effectiveness, including enacting legislation aimed at curtailing its operations. Additionally, it has entered into bilateral non-surrender agreements based on its own interpretation of Article 98 of the Rome Statute. Moreover, it has attempted to exploit Article 16 of the Statute by giving it a narrow, arbitrary, and bad-faith interpretation in order to obstruct the work of the Court.