Oceans apart : the United States, the European Union, and the International Criminal Court
Monaco, Jason T.
Yost, David S.
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Both the United States and the European Union support the promotion of international justice yet disagree over the utility of the International Criminal Court. The controversy that the Court has generated among members of the long-standing trans-Atlantic partnership is indicative of deeper differences between the United States and EU members and it has the potential to threaten alliance cohesion. This thesis examines American policy toward the Court and its foundations, as well as the actions taken since the May 2002 withdrawal of the U.S. signature to the Rome Statute establishing the ICC. It then reviews EU policies toward the Court and their foundations, focusing on reactions to American policies and to the controversy associated with U.S. actions since the May 2002 withdrawal. The thesis analyzes the dispute between the United States and the EU over the ICC, focusing on the disparity in power, the roles of sovereignty and the UN Security Council, disagreements over means of achieving agreed ends in international law, the dispute's politicized nature, and the degree to which both sides seem to be "talking past one another." Finally, the thesis evaluates scenarios for the Court's development and their potential effects on European-American relations, and offers recommendations.
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