Europe, the United States, and the international criminal court

Abstract

In 1998, 120 members of the United Nations adopted a treaty establishing the International Criminal Court, designed to address issues such as war crimes, genocide and crimes against humanity. The United States, in cooperation with its European allies, was instrumental in bringing this treaty about. In the end, however, it felt compelled to withdraw its signature, an unusual step signifying a high level of dissatisfaction with the structure and competency of the Court. This thesis argues that, while the United States maintains good relations with Europe, its abandonment of the ICC has constituted a major setback to Euro-American relations, and entailed a loss of face among the international community as a whole. Even as the United States has stood aloof from the Court, fearing that its soldiers and officials could face politically motivated trials, Europeans have continued their vigorous efforts to make the ICC a success. The United States and Europe are now on opposing sides on a major issue of international criminal justice. This has already caused tensions over internationally sanctioned peacekeeping troops, and has the potential to further disrupt the Euro-American partnership, above all in the military sphere.