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Impact Of The International Criminal Court On United States National Security Policy
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Book Synopsis Impact of the International Criminal Court on United States National Security Policy by : Timothy A. Kokinda
Download or read book Impact of the International Criminal Court on United States National Security Policy written by Timothy A. Kokinda and published by . This book was released on 2003 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary focus of this paper is to address the key issues associated with the creation of the International Criminal Court (ICC) and its impact on U.S. national security decision making and the current and future role of the United States military in international affairs. As this paper will demonstrate the United States always supported the principles of establishing a permanent international criminal court. This paper will address five key areas. First it will outline the U.S. principles relating to the creation of the ICC. Second it will address U.S. policy issues concerns and objections regarding the ICC. Third it will review current U.S. policy regarding the ICC and the international community. Fourth it will analyze the impact of the ICC on U.S. national security decision making and the potential impact on current and future U.S. military operations - with a focus on peacekeeping operations current military operations in Iraq and U.S. efforts in combating the current Global War on Terrorism (GWOT). Finally this paper will provide a summary and recommendation on what U.S. policy should be in dealing with the ICC.
Book Synopsis The United States and the International Criminal Court by : Sarah B. Sewall
Download or read book The United States and the International Criminal Court written by Sarah B. Sewall and published by Rowman & Littlefield. This book was released on 2000 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: American reluctance to join the International Criminal Court illuminates important trends in international security and a central dilemma facing U.S. Foreign policy in the 21st century. The ICC will prosecute individuals who commit egregious international human rights violations such as genocide. The Court is a logical culmination of the global trends toward expanding human rights and creating international institutions. The U.S., which fostered these trends because they served American national interests, initially championed the creation of an ICC. The Court fundamentally represents the triumph of American values in the international arena. Yet the United States now opposes the ICC for fear of constraints upon America's ability to use force to protect its national interests. The principal national security and constitutional objections to the Court, which the volume explores in detail, inflate the potential risks inherent in joining the ICC. More fundamentally, they reflect a belief in American exceptionalism that is unsustainable in today's world. Court opponents also underestimate the growing salience of international norms and institutions in addressing emerging threats to U.S. national interests. The misguided assessments that buttress opposition to the ICC threaten to undermine American leadership and security in the 21st century more gravely than could any international institution.
Book Synopsis National Security and International Criminal Justice by : Herwig Roggemann
Download or read book National Security and International Criminal Justice written by Herwig Roggemann and published by Martinus Nijhoff Publishers. This book was released on 2002-04-24 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: USA. By Stephen C. Thaman.
Book Synopsis Rethinking the U.S. Policy on the International Criminal Court by :
Download or read book Rethinking the U.S. Policy on the International Criminal Court written by and published by . This book was released on 2008 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changes to U.S. strategic policy since September 11, 2001, have shifted the focus of American security efforts toward building and maintaining strategic partnerships, as well as increasing the capacity of partner nations to respond to crises and contribute to local, regional, and international stability. These themes run throughout U.S. national security policy documents -- including the National Security Strategy, National Defense Strategy, National Military Strategy, National Strategy for Maritime Security, and Quadrennial Defense Review -- and the military Services are being reshaped accordingly. Changes in forces include an increased emphasis on language training and cultural awareness, greater engagement/theater security cooperation, and organizational changes to support more training and engagement with partner nations. The President's 2008 budget submission to Congress includes considerable funding in support of diplomatic and military programs fostering improved international partnerships. Unfortunately, U.S. policy on the International Criminal Court (ICC), including the associated American Service-members' Protection Act (ASPA) of 2002 and Nethercutt Amendment, runs counter to this strategic partnership theme. ASPA and the Nethercutt Amendment have strained U.S. relations with many partners and have caused significant damage at the operational and strategic levels. At the operational level, ASPA has harmed military-to-military relationships, particularly in the case of international military education and training. At the strategic level, U.S. policy on the ICC separates the United States from the overwhelming majority of the world's modern societies and is further isolating America from its partners and potential partners.
Download or read book Means to an End written by Lee Feinstein and published by Brookings Institution Press. This book was released on 2011 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Reassesses U.S. relationship with the ICC and broader issues of U.S. policy toward international justice. Argues U.S. active support of ICC serves U.S. interests and is consistent with values to which America has aspired. Focuses on foreign policy, national security, and moral cases for shifting U.S. policy toward the Court"--Provided by publisher.
Book Synopsis The International Criminal Court and Future American Military Operations by : Robert A. Burrell
Download or read book The International Criminal Court and Future American Military Operations written by Robert A. Burrell and published by . This book was released on 2004 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: The July 1, 2002 ratification of the Rome Statute establishing the International Criminal Court (ICC) was a significant and far-reaching accomplishment in the international legal system. The Statute gives the ICC the power to prosecute individuals for the most serious crimes of concern to the international community. Although the United States played a major role in the court's development the U.S. officially withdrew from the ICC in July 2002 citing jurisdiction and treaty law concerns and unacceptable risk to U.S. military personnel. The U.S. is negotiating bilateral agreements with individual countries and using its weight in the UN Security Council to influence the ICC in order to protect military personnel and high-ranking government officials from prosecution by the court. Both of these actions undermine the spirit of the ICC. The American decision not to support the court is an important watershed in international relations and will likely have long term effect on the ability of the ICC to reach the objectives of the Rome Statute. This paper will address the origins of the International Criminal Court discuss how the ICC works highlight U.S. objections to the statute and analyze U.S. objections. This paper will assess the position that we have taken in terms of our grand strategy and how and why the government reached the conclusion that it would be in our best interest not to sign up for the ICC. Finally this paper will assess how our position on this issue may affect our national security strategy with regards to other international issues and the risks associated with our position on the ICC.
Book Synopsis The International Criminal Court: An Analysis and Implications for the United States Military by :
Download or read book The International Criminal Court: An Analysis and Implications for the United States Military written by and published by . This book was released on 2000 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper analyzes the International Criminal Court (ICC) and it's implications for the United States Military. The ICC is a permanent judicial body with worldwide jurisdiction to indict and try persons for violations of international humanitarian law, and including war crimes. The origins, evolution, structure, procedures, jurisdiction, constitutionality, and other significant issues surrounding the ICC are reviewed. The paper demonstrates that the ICC will have potential implications in five areas for the United States military; military doctrine, national security decision making, training, support roles, and rules of engagement. The potential implications are premised on the ICC treaty entering into force, even though the United States did not sign the ICC Treaty in Rome in July of 1998.
Book Synopsis Reluctant Engagement: U.S. Policy and the International Criminal Court by : Mark D. Kielsgard
Download or read book Reluctant Engagement: U.S. Policy and the International Criminal Court written by Mark D. Kielsgard and published by BRILL. This book was released on 2010-09-24 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why has the United States taken such a firm stance against the International Criminal Court (ICC) and expended such diplomatic goodwill in an attempt to dismantle a tribunal that poses no serious risk to its citizens? This book critiques causal ideologies such as American exceptionalism, state sovereignty and laissez-faire capitalism to show how U.S. opposition is driven by pervasive political, legal, historic, military and economic conditioning factors. It shows how U.S. attitudes transcend partisan politics and predicts how the U.S.-ICC relationship will be affected by the economic crisis, shifting international geopolitical power structures, the crisis in the U.S. military, unfolding international human rights law and the “politics of change” promised by the nascent Obama administration. “The United States has been at the centre of international criminal justice initiatives, from Nuremberg to the more recent ad hoc tribunals for the former Yugoslavia, Rwanda, Sierra Leone and Lebanon. But its position has been lukewarm and sometimes, in the darkest days of the Bush administration, outright hostile to the International Criminal Court. Filling a gap in the literature, Dr Mark Kielsgard reviews the history of American policy, analysing the factors that have driven it, making useful and practical suggestions aimed at greater engagement of the United States with the International Criminal Court.” Professor William A. Schabas
Book Synopsis Effects of the International Criminal Court on United States Defense Policy by : Laura Friedel
Download or read book Effects of the International Criminal Court on United States Defense Policy written by Laura Friedel and published by . This book was released on 2003 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis U.S. Policy Toward the International Criminal Court by :
Download or read book U.S. Policy Toward the International Criminal Court written by and published by . This book was released on 2009 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rome Statute establishing the International Criminal Court (ICC or Court) entered into force on July 1, 2002. With the Court now established and developing a track record of engagement in situations, such as Darfur, that are of great interest to the United States, it seemed that there might be important ways in which the United States might engage and support the Court, whether joining it or short of joining it. This Task Force has undertaken such a review, hearing from more than a dozen experts and officials representing a variety of perspectives on the ICC. Our conclusion, detailed in the recommendations in this report, is that the United States should announce a policy of positive engagement with the Court, and that this policy should be reflected in concrete support for the Court's efforts and the elimination of legal and other obstacles to such support. The Task Force does not recommend U.S. ratification of the Rome Statute at this time. But it urges engagement with the ICC and the Assembly of States Parties in a manner that enables the United States to help further shape the Court into an effective accountability mechanism. The Task Force believes that such engagement will also facilitate future consideration of whether the United States should join the Court.
Book Synopsis U.S. Policy Regarding the International Criminal Court by : Jennifer Elsea
Download or read book U.S. Policy Regarding the International Criminal Court written by Jennifer Elsea and published by . This book was released on 2006 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: One month after the International Criminal Court (ICC) officially came into existence on July 1, 2002, the President signed the American Servicemembers Protection Act (ASPA), which limits U.S. Government support and assistance to the ICC; curtails certain military assistance to many countries that have ratified the Rome Statute establishing the ICC; regulates U.S. participation in United Nations (UN) peacekeeping missions commenced after July 1, 2003; and, most controversially among European allies, authorizes the President to use "all means necessary and appropriate to bring about the release" of certain U.S. and allied persons who may be detained or tried by the ICC. The provision withholding military assistance under the programs for Foreign Military Financing (FMF) and International Military Education and Training (IMET) from certain States Parties to the Rome Statute came into effect on July 1, 2003. The 109th Congress reauthorized the Nethercutt Amendment as part of the FY2006 Consolidated Appropriations Act (H.R. 3057/P.L. 109-102). Unless waived by the President, it bars Economic Support Funds (ESF) assistance to countries that have not agreed to protect U.S. citizens from being turned over to the ICC for prosecution. H.R. 5522, as passed by the House of Representatives, would continue the ESF restriction for FY2007. The Senate passed a measure as part of the 2007 National Defense Authorization Act (H.R. 5122, S. 2766) that would modify ASPA to end the ban on IMET assistance. This report outlines the main objections the United States has raised with respect to the ICC and analyzes ASPA and other relevant legislation enacted or proposed to regulate U.S. cooperation with the ICC. The report concludes with a discussion of the implications for the United States, as a non-ratifying country, as the ICC begins to take shape, as well as the Administration's efforts to win immunity from the ICC's jurisdiction for Americans.
Book Synopsis Defending the Society of States by : Jason Ralph
Download or read book Defending the Society of States written by Jason Ralph and published by OUP Oxford. This book was released on 2007-05-31 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is among the first to address the issues raised by the International Criminal Court (ICC) from an International Relations perspective. By clearly outlining a theoretical framework to interpret these issues, Ralph makes a significant contribution to the English School's study of international society. More specifically, he offers a concise definition of 'world society' and thus helps to resolve a longstanding problem in international theory. This groundbreaking conceptual work is supported by an in-depth empirical analysis of American opposition to the ICC. Ralph goes beyond the familiar arguments related to national interests and argues that the Court has exposed the extent to which American notions of accountability are tied to the nation-state. Where other democracies are willing to renegotiate their social contract because they see themselves as part of world society, the US protects its particular contract with 'the people' because it offers a means of distinguishing America and its democracy from the rest of the world. This 'sovereigntist', or more accurately 'Americanist', influence is further illustrated in chapters on the sources of law, universal jurisdiction, transatlantic relations and US policy on international humanitarian law in the war on terror. The book concludes by evoking E.H. Carr's criticism of those great powers who claim that a harmony exists between their particular interests and those of wider society. It also recalls his argument that great powers sometimes need to compromise and in this context, Ralph argues that support for the ICC is a more effective means of fulfilling America's purpose and a less costly sacrifice than that demanded by the 'Americanist' policy of nation-building.
Book Synopsis Power and Principle by : Christopher Rudolph
Download or read book Power and Principle written by Christopher Rudolph and published by Cornell University Press. This book was released on 2017-04-18 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: On August 21, 2013, chemical weapons were unleashed on the civilian population in Syria, killing another 1,400 people in a civil war that had already claimed the lives of more than 140,000. As is all too often the case, the innocent found themselves victims of a violent struggle for political power. Such events are why human rights activists have long pressed for institutions such as the International Criminal Court (ICC) to investigate and prosecute some of the world’s most severe crimes: genocide, war crimes, and crimes against humanity. While proponents extol the creation of the ICC as a transformative victory for principles of international humanitarian law, critics have often characterized it as either irrelevant or dangerous in a world dominated by power politics. Christopher Rudolph argues in Power and Principle that both perspectives are extreme. In contrast to prevailing scholarship, he shows how the interplay between power politics and international humanitarian law have shaped the institutional development of international criminal courts from Nuremberg to the ICC. Rudolph identifies the factors that drove the creation of international criminal courts, explains the politics behind their institutional design, and investigates the behavior of the ICC. Through the development and empirical testing of several theoretical frameworks, Power and Principle helps us better understand the factors that resulted in the emergence of international criminal courts and helps us determine the broader implications of their presence in society.
Book Synopsis Hostile Outsider Or Influential Insider? by : Stuart W. Risch
Download or read book Hostile Outsider Or Influential Insider? written by Stuart W. Risch and published by . This book was released on 2007 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis U.S. Policy Regarding the International Criminal Court by :
Download or read book U.S. Policy Regarding the International Criminal Court written by and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One month after the International Criminal Court (ICC) officially came into existence on July 1, 2002, the President signed the American Servicemembers' Protection Act (ASPA), which limits U.S. government support and assistance to the ICC; curtails certain military assistance to many countries that have ratified the Rome Statute establishing the ICC; regulates U.S. participation in United Nations (U.N.) peacekeeping missions commenced after July 1, 2003; and, most controversially among European allies, authorizes the President to use "all means necessary and appropriate to bring about the release" of certain U.S. and allied persons who may be detained or tried by the ICC. The provision withholding military assistance under the programs for Foreign Military Financing (FMF) and International Military Education and Training (IMET) from certain States Parties to the Rome Statute came into effect on July 1, 2003. The 109th Congress reauthorized the Nethercutt Amendment as part of the FY2006 Consolidated Appropriations Act (H.R. 3057/P.L. 109-102). Unless waived by the President, it bars Economic Support Funds (ESF) assistance to countries that have not agreed to protect U.S. citizens from being turned over to the ICC for prosecution. H.R. 5522, as passed by the House of Representatives, would continue the ESF restriction for FY2007. The Senate passed a measure as part of the 2007 National Defense Authorization Act (H.R. 5122, S. 2766) that would modify ASPA to end the ban on IMET assistance. The ICC is the first permanent world court with nearly universal jurisdiction to try individuals accused of war crimes, crimes against humanity, genocide, and possibly aggression. While most U.S. allies support the ICC, the Bush Administration firmly opposes it and has renounced any U.S. obligations under the treaty. After the Bush Administration threatened to veto a United Nations Security Council resolution to extend the peacekeeping mission in Bosnia on the ground that it did not contain sufficient guarantees that U.S. participants would be immune to prosecution by the ICC, the Security Council adopted a resolution that would defer for one year any prosecution of participants in missions established or authorized by the U.N. whose home countries have not ratified the Rome Statute. That resolution was renewed through July 1, 2004, but was not subsequently renewed. In addition, the United States is pursuing bilateral "Article 98"agreements to preclude extradition by other countries of U.S. citizens to the ICC. However, in what some view as a sign that the Administration is softening its stance with respect to the ICC, the United States did not exercise its veto power at the Security Council to prevent the referral of a case against Sudan's leaders for the alleged genocide in Darfur. This report outlines the main objections the United States has raised with respect to the ICC and analyzes ASPA and other relevant legislation enacted or proposed to regulate U.S. cooperation with the ICC. The report concludes with a discussion of the implications for the United States, as a non-ratifying country, as the ICC begins to take shape, as well as the Administration's efforts to win immunity from the ICC's jurisdiction for Americans. A description of the ICC's background and a more detailed analysis of the ICC organization, jurisdiction, and procedural rules may be found in CRS Report RL31437, International Criminal Court: Overview and Selected Legal Issues, by Jennifer K. Elsea.
Book Synopsis The Statute of the International Criminal Court by : M. Cherif Bassiouni
Download or read book The Statute of the International Criminal Court written by M. Cherif Bassiouni and published by . This book was released on 1998 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt: 83/2/Add. 1, Criminal Court,1998)
Book Synopsis UN Security Council Referrals to the International Criminal Court by : Alexandre Skander Galand
Download or read book UN Security Council Referrals to the International Criminal Court written by Alexandre Skander Galand and published by BRILL. This book was released on 2018-11-26 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique critical analysis of the legal nature, effects and limits of UN Security Council referrals to the International Criminal Court (ICC). Alexandre Skander Galand provides, for the first time, a full picture of two competing understandings of the nature of the Security Council referrals to the ICC, and their respective normative interplay with legal barriers to the exercise of universal prescriptive and adjudicative jurisdiction. The book shows that the application of the Rome Statute through a Security Council referral is inherently limited by the UN Charter as well as the Rome Statute, and can conflict with other branches of international law, including international human rights law, the law on immunities and the law of treaties. Hence, it spells out a conception of the nature and effects of Security Council referrals that responds to these limits and, in turn, informs the reader on the nature of the ICC itself.
