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International Justice and the International Criminal CourtBetween Sovereignty and the Rule of Law$
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Bruce Broomhall

Print publication date: 2004

Print ISBN-13: 9780199274246

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199274246.001.0001

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Cornerstone or Stumbling Block? The United States and the ICC

Cornerstone or Stumbling Block? The United States and the ICC

Chapter:
(p.163) IX Cornerstone or Stumbling Block? The United States and the ICC
Source:
International Justice and the International Criminal Court
Author(s):

Bruce Broomhall

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199274246.003.0010

This chapter shows that the US has to date made significant efforts against a Court that could have even an extremely narrow jurisdiction over its nationals, seriously reducing the prospects for Security Council backing. It appears that ICC supporters have come to the conclusion that the institution will be viable without the support of the US, and that while US engagement would be an asset, no reasonable price for winning its support has been put forward. The judgement to date has been that while the ICC might be weaker without the US' involvement, it enjoys sufficient support not to fall victim to the same fate as the League of Nations, and that the legitimacy the ICC gains through maintaining the integrity of the State compensates for the loss of US backing.

Keywords:   United States, international criminal law, ICC, jurisdiction

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