Grotius Repudiated: The American Objections to the International Criminal Court and the Commitment to International Law
This article analyzes the American objections to the Statute. Part I describes the historical precedents for a permanent international criminal court and the drafting process undertaken. Part I concludes with a summary of the sections of the Statute which are implicated by the American objections. These statutory sections include the Statute’s definitions of crimes, the role of the Prosecutor, the Court’s anticipated relationship with the U.N. Security Council, and the Court’s anticipated jurisdiction over states not party to the Statute. Part II selects three recent or current instances where the United States has used armed force, and analyzes the claims that might reasonably arise from the application of the Statute’s definitions of the relevant crimes. Part III assesses the risks to the United States’ interests arising from these claims.