Download this Paper Open PDF in Browser

The U.S. And the ICC: No More Excuses

12 Washington University Global Studies Law Review 563 (2013)

U of Houston Law Center No. 2014-A-1

19 Pages Posted: 8 Jan 2014  

Jordan J. Paust

University of Houston Law Center

Date Written: January 6, 2014

Abstract

More than fourteen years after its creation and twelve years after it began to function, the International Criminal Court (ICC) still does not have direct support from the United States as a party to its constitutive instrument. There had been prior excuses for the U.S. not becoming a party to the Rome Statute. Whatever the degree of validity of prior excuses for not ratifying the Rome Statute of the ICC, with the articulation of core crimes prosecutable before the ICC in Articles 6-8 of the Rome Statute and creation of the Elements of Crimes, the ten-year record of ICC practice, the creation of the Kampala definition of aggression that requires a manifest violation of the U.N. Charter, and creation of an opt out provision with respect to the crime of aggression that the U.S. can take advantage of, the prior excuses have become unfounded. The fact that there are now 121 parties to the treaty and that Article 12(2)(a) of the treaty assures that there is no immunity of U.S. nationals from ICC jurisdiction over crimes covered in Articles 6-8 that occur at least partly in the territory of one or more of 121 countries underscores the fact that a desire to protect U.S. nationals from ICC prosecution is not a viable reason for not becoming a party to the treaty. In reality, there are no longer any meaningful excuses.

Keywords: Afghanistan, aggression, Bush Administration, complimentarity, crimes against humanity, due process, genocide, Kampala, ICC, impunity, jurisdiction, nonimmunity, opt out, prosecute, Rome Statute, U.S. nationals, U.N. Charter, universal jurisdiction, unwilling, war crimes

Suggested Citation

Paust, Jordan J., The U.S. And the ICC: No More Excuses (January 6, 2014). 12 Washington University Global Studies Law Review 563 (2013); U of Houston Law Center No. 2014-A-1. Available at SSRN: https://ssrn.com/abstract=2375451

Jordan Paust (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

Paper statistics

Downloads
84
Rank
257,626
Abstract Views
640