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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

it has already been assessed in a previous issue of this journal. In this regard, see T Mariniello, ‘ Prosecutor v Thomas Lubanga Dyilo : the First Judgment of the International Criminal Court’s Trial Chamber’ (2012) 1(1) International Human Rights Law Review 137. 2)   Situation in the

In: International Human Rights Law Review
Author: Alex Davidson

1 Introduction The International Criminal Court (hereinafter “ icc /the Court”) sits as the world’s first permanent international criminal court, marking the culmination of a process that can be traced back to over a century ago. Established by the Rome Statute 1998, which subsequently came

In: International Community Law Review

1 Introduction * The International Criminal Court (‘ icc ’) has faced a challenging relationship with the African Union (‘ au ’) and African states. Potential African withdrawals from the icc Statute 1 illustrate this. As au practice, 2 African state practice, 3 and

In: International Organizations Law Review

majority of the members of the international community, had the power, in conformity with international law, to bring into being an entity called the ‘International Criminal Court’, possessing objective international personality, and not merely personality recognized by them alone, together with the

In: The Law & Practice of International Courts and Tribunals

international criminal procedural law also recognizes such a power, for a Trial Chamber of an international criminal court, to subpoena the attendance of witnesses. 99 In order to support its solution, the Chamber also relied on some articles of the Statute. On this issue, the Chamber compared the English

In: The Law & Practice of International Courts and Tribunals

, amendments to the Rules of Procedure and Evidence (“ rpe ”) and strengthening the International Criminal Court and the Assembly of States Parties. C Amendments to the Rules of Procedure and Evidence On 10 February 2016, the judges of the Court adopted provisional amendments to Rule 165 of the Rules

In: The Law & Practice of International Courts and Tribunals

investigation [. . .]”. 31 The Prosecutor appealed the Pre-Trial Chamber’s decision, but on 6 November 2015, the Appeals Chamber of the International Criminal Court decided by majority to dismiss, in limine and without discussing its merits, the Prosecutor’s appeal against the decision of Pre-Trial Chamber

In: The Law & Practice of International Courts and Tribunals

1 Background to the Cooperation In promoting accountability for serious crimes of international concern, the United Nations Organization (‘United Nations’ or ‘Organization’) cooperates with, and provides support to, the International Criminal Court (‘Court’). While the United Nations and the

In: International Organizations Law Review

(1)(c) of the Statute. 168 Throughout his reasoning, the Single Judge referred to the statutory instruments and jurisprudence of other international criminal courts. In order to decide whether or not Mr Barasa’s initiatives and actions would make him responsible for the crime of “corruptly influencing

In: The Law & Practice of International Courts and Tribunals