Case Study: The International Criminal Court

Caroline Fehl

in Living with a Reluctant Hegemon

Published in print December 2011 | ISBN: 9780199608621
Published online May 2012 | e-ISBN: 9780191731730 | DOI:
Case Study: The International Criminal Court

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In the negotiations over the ICC Statute, most European delegations rejected US proposals that would have subordinated the court to the veto of the UN Security Council or would have denied it jurisdiction over the nationals of non-parties. Later, most Europeans opposed attempts by the Bush administration to protect US citizens from ICC prosecutions through Security Council resolutions and bilateral non-surrender agreements. The chapter argues that European choices in both phases of the transatlantic controversy were influenced by concerns for treaty effectiveness but cannot be fully explained by them, since both accommodating US demands and losing its support could jeopardize the operation of the nascent court. This indeterminate balance of treaty effectiveness again allowed for the influence of normative factors. The majority of European states who rejected US proposals feared a ‘double standard’ of justice, whereas a minority of more accommodating governments valued transatlantic solidarity over such principled concerns.

Keywords: International Criminal Court; international criminal justice; UN Security Council; non-surrender agreements; immunity agreements; European Union; Rome Statute; justice; humanitarian law; war crimes

Chapter.  14196 words.  Illustrated.

Subjects: International Relations

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