The United States and the International Criminal Court Post-Bush: A Beautiful Courtship but an Unlikely Marriage

This Article critiques the changing U.S. approach toward the International Criminal Court (ICC). It begins by isolating those aspects central to prior U.S. opposition to the ICC. It then assesses the relevance of these concerns in light of the Court’s work to date. This Article also considers the outcome of the 2010 ICC Review Conference. It analyzes the amendments made to the Court’s Statute regarding the controversial crime of aggression and explains why these new provisions are not likely to create significant concerns for the United States. As its final area of inquiry, this Article examines the early work of the ICC in order to determine whether the institution is in fact fulfilling its mission to act as a “court of last resort.” Determining that the ICC’s present approach to case admissibility neither provides evidence that the Court is on a path that assures its anti-impunity goal nor comports with the U.S. preference to see justice performed at the national level, this Article concludes by noting the changes that will have to be made before U.S. accession can become a possibility