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Challenging the Global Governance of Human Rights: The United States and the International Criminal Court

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Abstract:

This paper focuses on the International Criminal Court (ICC) as an instrument for the global enforcement of international human rights law and the US opposition to it. It argues that the ICC is a step away from the classic regime of state sovereignty towards the integration of a broader framework of global governance and law. The article looks at one of the major challenges to such global enforcement of human rights by looking at the opposition of the United States against the Court. It analyses the reasons for the US opposition which are mainly based on the ICC’s jurisdiction and criticisms that the Court does not recognise the ‘special’ role the US plays as only remaining superpower.
The US made a number of attempts to undermine the ICC, based on a unilateralist focus on national interests and national law enforcement. More recent events, however, suggest that the US is increasingly adopting a more practical approach towards the ICC by acknowledging the Court’s role in the overall system of justice. The paper argues that the initial hostility and actions taken to undermine the ICC were based on a belief that the US could prevent the Court from coming into existence. However, so far the ICC has proved to be too strong mainly due to a large number of developments preceding its creation that provided strong foundation on which the ICC is built. This has led to the US adopting a more pragmatic approach towards the Court.

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us (133), icc (128), state (127), intern (94), court (85), law (38), un (36), statut (35), secur (35), nation (34), right (34), jurisdict (33), crimin (33), council (31), human (30), global (29), justic (27), also (27), univers (27), enforc (27), articl (26),

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Human Rights, International Criminal Court (ICC)
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Name: ISA's 49th ANNUAL CONVENTION, BRIDGING MULTIPLE DIVIDES
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Birdsall, Andrea. "Challenging the Global Governance of Human Rights: The United States and the International Criminal Court" Paper presented at the annual meeting of the ISA's 49th ANNUAL CONVENTION, BRIDGING MULTIPLE DIVIDES, Hilton San Francisco, SAN FRANCISCO, CA, USA, Mar 26, 2008 <Not Available>. 2008-10-08 <http://www.allacademic.com/meta/p254190_index.html>

APA Citation:

Birdsall, A. , 2008-03-26 "Challenging the Global Governance of Human Rights: The United States and the International Criminal Court" Paper presented at the annual meeting of the ISA's 49th ANNUAL CONVENTION, BRIDGING MULTIPLE DIVIDES, Hilton San Francisco, SAN FRANCISCO, CA, USA Online <APPLICATION/PDF>. 2008-10-08 from http://www.allacademic.com/meta/p254190_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper focuses on the International Criminal Court (ICC) as an instrument for the global enforcement of international human rights law and the US opposition to it. It argues that the ICC is a step away from the classic regime of state sovereignty towards the integration of a broader framework of global governance and law. The article looks at one of the major challenges to such global enforcement of human rights by looking at the opposition of the United States against the Court. It analyses the reasons for the US opposition which are mainly based on the ICC’s jurisdiction and criticisms that the Court does not recognise the ‘special’ role the US plays as only remaining superpower.
The US made a number of attempts to undermine the ICC, based on a unilateralist focus on national interests and national law enforcement. More recent events, however, suggest that the US is increasingly adopting a more practical approach towards the ICC by acknowledging the Court’s role in the overall system of justice. The paper argues that the initial hostility and actions taken to undermine the ICC were based on a belief that the US could prevent the Court from coming into existence. However, so far the ICC has proved to be too strong mainly due to a large number of developments preceding its creation that provided strong foundation on which the ICC is built. This has led to the US adopting a more pragmatic approach towards the Court.

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Document Type: application/pdf
Page count: 19
Word count: 7571
Text sample:
Challenging the Global Governance of Human Rights – The United States and the International Criminal Court Dr Andrea Birdsall Politics and International Relations University of Edinburgh United Kingdom Prepared for Presentation at ISA’s Annual Convention San Francisco March 26-29 2008 Bridging Multiple Divides DRAFT – NOT FOR CITATION Abstract This paper focuses on the International Criminal Court (ICC) as an instrument for the global enforcement of international human rights law and the US opposition to it. It argues that
continue its active opposition). The US government even started to co-operate with the ICC in calling the government of Sudan to enforce the ICC’s arrest warrant and in acknowledging the ICC’s role in the overall system of justice. This is an important step because in the post-9/11 world it is necessary to be consistent with existing and also fundamental principles of the liberal democratic order that includes multilateral action and recognises the importance of universal principles human rights and


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