The International Criminal Court and the Foreign Policies of the United States

DOI10.1177/002070200405900211
Date01 June 2004
Published date01 June 2004
AuthorPhilippe Lagassé
Subject MatterComing Attraction
COMING
ATTRACTIONS
PHILIPPE
LAGASSIE
The
International
Criminal
Court
and
the
foreign
policies
of
the
United
States
Q
6
MAY
2002,
AMERICAN
PRESIDENT
George
W
Bush
withdrew
the
United
States'
signature
from the Rome
statute
of
the
International
Criminal
Court
(ICC).
Three months
later,
Bush
signed
the
American
Servicemembers'
Protection
Act
(ASPA)
into
law.
The
ASPA
prohibits
the
United
States
from
cooperating
with
the
ICC
and authorizes
the
presi-
dent
to
use
"all
means
necessary"
to
free
American
personnel impris-
oned
in by
the Icc
in
The
Hague.
In
addition,
the
ASPA
withholds
mil-
itary
aid
to
certain
states
party
to
the
Rome
statute
and
mandates
that
the
United
States
negotiate
"impunity
agreements"
with
states
party
to
ensure
that
American
personnel
do
not
fall
under
the
jurisdiction
of
the
ICC
when
operating
on
their territory.
Given these
and
other
measures,
it
has
become
commonplace
for
members
of
the
international community
to
accuse
the
United
States
of
intransigence
towards
the
progress
of
international
criminal
law.
Indeed,
in
light
of
the
fact
that
it
played
a
pivotal
role
in
establishing
Philippe
Lagassd
is
a
doctoral student
in
the
department
ofpolitical
science
at
Careton
University
and
the
recipient
ofa
Canada Graduate
Scholarship.
The
author
thanksJoelj.
Sokolsky
and
Norman
Hillmer
for
commenting
on
drafts
of
this
article.
INTERNATIONAL
JOURNAL
Spring
2004

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