Defending the Society of States: Why America Opposes the International Criminal Court and Its Vision of World Society

By Jason Ralph | Go to book overview

6
Europe, the United States, and the
International Criminal Court

Previous chapters have attempted to understand recent developments in international criminal justice through the interpretive framework provided by the English School approach to IR. These chapters argued that the Statute helps to constitute what English School scholars have tentatively called world society by articulating a set of core crimes and setting up a system of justice that is independent of the society of states. Chapter 5 sought to explain why the United States opposes this development. In contrast to other democratic states, the United States sees the Court as a threat to its autonomy and to its democracy. This perception of 'threat' is driven by nationalists who see in the policy of opposing the Court an opportunity to reaffirm an exceptional American identity. Chapter 5 also identified a division between irreconcilables, who oppose the Court as a matter of principle and those who can be reconciled with the Court as long as American citizens are not subject to its jurisdiction. The irreconcilable position is now largely academic. The United States was not able to prevent other states from ratifying the Rome Statute and while the lack of American support certainly limits the Court's effectiveness, it has not stopped the Prosecutor from conducting investigations.1 The United States, in other words, has been forced to live with the Court and to do this it has continued to search for ways to exempt US citizens from the Court's jurisdiction.

Where the Clinton administration tried to do this within the ICC framework—as Chapter 5 noted, it signed the Rome Statute in order to guarantee a US presence at the PrepCom meetings—the Bush administration chose to ignore the PrepCom process. Instead, the Bush administration

1 Since taking office on 16 June 2003, the Independent Prosecutor Luis Moreno-Ocampo has
begun to investigate situations in Uganda, the DRC, and Sudan. The first two were self-referrals,
which according to certain commentators was not anticipated by the Statute and the Prosecutor's
decision to investigate is considered to be in breach of the complementarity principle. See Claus
Kress, ' [Self-Referrals] and [Waivers of Complementarity] Some Considerations in Law and
Policy', and Paola Gaeta, 'Is the Practice of [Self-Referrals] a Sound Start for the ICC?', Journal of
International Criminal Justice, 2 (2004), 944–8 and 949–52. The situation in Darfur was referred
to the Prosecutor by the UN Security Council. This is discussed in detail below.

-151-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Defending the Society of States: Why America Opposes the International Criminal Court and Its Vision of World Society
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 244

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.