THE INTERNATIONAL CRIMINAL COURT AND THE UNITED STATES: DISPELLING THE FEAR SURROUNDING U.S. RATIFICATION

Abstract

In this day of rapid technological development and the resulting increase in globalization, there has been a call to reassess the judicial mechanisms we have in place. A sense of universal responsibility prompted the international community to establish the International Criminal Court (ICC) in order to promote global peace and security. The ICC is a judicial institution that seeks to prosecute individuals responsible for war crimes, genocide, and crimes against humanity. However, the United States has yet to become a member; a controversial decision that has polarized political and legal scholars. Issues of state sovereignty, possible prosecution of U.S. military personnel, constitutional incompatibility, and others have been raised to argue against U.S. ratification. Upon extensive research concerning the ICC in its relationship with the US, the author of this paper has concluded that the U.S. would benefit from joining the ICC. Starting from the basic history and structure concerning the ICC, this paper will then delve into the various arguments offered by the opponents of U.S. involvement as well as the counter-arguments of its advocates.