The United States and the International Criminal Court Post-Bush: A Beautiful Courtship but an Unlikely Marriage

49 Pages Posted: 26 Nov 2010 Last revised: 23 Aug 2012

Megan Fairlie

Florida International University (FIU) - College of Law

Date Written: November 24, 2010

Abstract

This Article critiques the changing U.S. approach toward the International Criminal Court (ICC). It begins by isolating those aspects central to prior U.S. opposition to the ICC. It then assesses the relevance of these concerns in light of the Court’s work to date. This Article also considers the outcome of the 2010 ICC Review Conference. It analyzes the amendments made to the Court’s Statute regarding the controversial crime of aggression and explains why these new provisions are not likely to create significant concerns for the United States. As its final area of inquiry, this Article examines the early work of the ICC in order to determine whether the institution is in fact fulfilling its mission to act as a “court of last resort.” Determining that the ICC’s present approach to case admissibility neither provides evidence that the Court is on a path that assures its anti-impunity goal nor comports with the U.S. preference to see justice performed at the national level, this Article concludes by noting the changes that will have to be made before U.S. accession can become a possibility

Keywords: International Criminal Court, United States, Complementarity, Aggression, Ratification, Court of Last Resort, Anti-Impunity

Suggested Citation

Fairlie, Megan, The United States and the International Criminal Court Post-Bush: A Beautiful Courtship but an Unlikely Marriage (November 24, 2010). Berkeley Journal of International Law (BJIL), Vol. 29, No. 2, p. 529, 2011. Available at SSRN: https://ssrn.com/abstract=1714825

Megan Fairlie (Contact Author)

Florida International University (FIU) - College of Law ( email )

11200 SW 8th St.
RDB Hall 1097
Miami, FL 33199
United States

Paper statistics

Downloads
275
Rank
90,209
Abstract Views
1,203