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A growing international consensus supports the idea of holding individuals responsible for the most egregious violations of human rights such as genocide. This consensus lies behind the recent efforts to create an International Criminal Court (ICC). The United States, however, has refused to support the ICC, citing concerns that the Court may pose a threat to national security. This volume brings legal, historical, military, and political perspectives to an examination of U.S. concerns about the ICC. The contributors assess not only the potential national security risks that would be associated with a functioning ICC, but also the potential costs to U.S. security that may result from opposing the Court's creation.
List of contents
Chapter 1 Chapter 2 The US and the ICC: An Overview Part 3 The Roots of the ICC Chapter 4 The Evolution of the International Criminal Court: From the Hague to Rome and Back Again Chapter 5 Lessons from Recent International Criminal Tribunals Chapter 6 The Statute of the International Criminal Court: Past, Present and Future Chapter 7 Exceptional Cases in Rome: The United States and the Struggle for an International Criminal Court Part 8 The US and the ICC Chapter 9 US Perspective on the International Criminal Court Chapter 10 The Constitution and the International Criminal Court Chapter 11 American Servicemembers and the International Criminal Court Chapter 12 The ICC and the Deployment of American Armed Forces Chapter 13 The United States and Genocide Law: A History of Ambivalence Part 14 The ICC and National Approaches to Justice Chapter 15 Justice Versus Peace Chapter 16 Complementarity and Conflict: States, Victims, and the International Criminal Court Part 17 The ICC's Implications for International Law Chapter 18 The ICC's Jurisdiction Over the Nationals of Non-Party States Chapter 19 The International Criminal Court and the Future of the Global Legal System Chapter 20 Appendix: Steps in Getting a Case to the ICC Chapter 21
About the author
Edited by Sarah B. Sewall and Carl Kaysen - Contributions by Gary J. Bass; Bartram S. Brown; Abram Chayes; Robinson O. Everett; Richard J. Goldstone; Madeline Morris; William L. Nash; Samantha Power; Leila Nadya Sadat; Michael P. Scharf; David J. Scheffer
Summary
In exploring American reluctance to join the International Criminal Court, this text illuminates a central dilemma facing US foreign policy; whether the U.S. can afford to remain estranged from international institutions that support norms and behaviours it has long championed.
