Unsigning the Rome Statute: Examining the Relationship Between the United States and the International Criminal Court

Presently, 120 states are parties to the Rome Statute establishing the International Criminal Court (ICC). A state that one will not find on the list, however, would be the United States. This project examines the relationship between the International Criminal Court (ICC) and the United States. The United States took part in the negotiating process, signing the Rome Statute under President Bill Clinton, but was not fully satisfied with the agreement reached. Under President Bush, however, the Rome Statute was unsigned. Presently, the United States remains unsigned on the Rome Statute. The relationship between the Court and the United States is important in determining the future of the Court, in terms of effectiveness and legitimacy. I will begin with a brief historical background on the development of the ICC, its structure, and the extent of its jurisdiction. From there, I will detail several problems with the court from America’s perspective. These include third-party jurisdiction and constitutional issues. I will also examine the relationship between the United States and the ICC under the three Presidents in office since the court’s conception: Clinton, Bush, and Obama. Finally, I argue that the Court needs the support of the United States to survive, but that the problems with the Court from America’s perspective will continue to stand in the way of American support for the court until U.S. interests are met.