Escape out the Back Door or Charge in the Front Door: U.S Reactions to the International Criminal Court

Abstract

In the last days of his administration, former President Clinton made the United States a signatory to the Rome Treaty for the International Criminal Court, an unexpected move that allowed the United States to continue to participate in the shaping of the court. However, the signature neither indicated approval of the court nor the United States' willingness to be a full participant in it. Instead, many arguments against the participation of the United States exist, and the chances of ratification by the Congress are slim. This Note analyzes the United States' attempts to exempt itself from the Rome Treaty and the arguments against the United States' participation. The Note argues that the United States' participation in the ICC is necessary and appropriate to its position in the international community and supports the United States' full participation through ratification of the Treaty.