Going it alone? : an evaluation of American concerns about the international criminal court

[摘要] ENGLISH ABSTRACT:The International Criminal Court (ICC) is an exciting new development in theinternational system. It is not without its detractors, however, amongst others the UnitedStates. The fact that the United States takes a strong stance against the ICC createsuncertainty in the international system. This uncertainty is linked to the role of the UnitedStates as the only remaining superpower in this system.The main concern of the United States about the ICC is that an American might bebrought before the court in terms of politically motivated charges. To illustrate thisconcern, the United States offers five basic arguments. These five are condensed intothree arguments that form the main body of this thesis. They are the questions related tothe jurisdiction of the ICC, the role of the United Nations Security Council in thefunctioning of the ICC, and the influence that the United States constitution might haveon the ICC. Close attention is also paid to the political implications of the stance taken bythe United States, both in terms of the specific arguments, and in general.The different arguments are tested against certain criteria, which include the stipulationsof the ICC Statute and other counter arguments. From these comparisons, certainevaluations can be made, from which conclusions are drawn.For various reasons, none of the arguments put forward have merit when tested againstthe stipulations of the ICC Statute. What this implies is that the United States does nothave real evidence to back its main concern about the ICC. Even though the possibilityexists that an American could be charged before the court, there are sufficient safeguardsto protect such a person from actually appearing before the court.The very real political implication then becomes that the United States is undermining itsposition and relative power in the international system by taking such a unilateral st

[发布机构] Stellenbosch University