Academic

Halling on the International Criminal Court & the United States

By Lawrence Solum

Matt Halling (University of California, San Francisco - Hastings College of the Law) has posted Consensus in the Shadows: American Engagement with the International Criminal Court on SSRN.  Here is the abstract:

This paper clarifies and evaluates the current United States position to the International Criminal Court. The US has seemingly moved from being the court's highest profile supporter, to becoming vehemently against ratification, to a present position described as a more supportive "softening" relationship with the court regarding Darfur. The paper argues that the US has not experienced a large policy shift in favor of the ICC, but rather is selectively engaging with the court in a manner consistent with the position the US advanced at the Rome Conference.

The work is organized into three parts. Part I explains the American position towards the ICC from the 1998 Rome Conference until 2005. Part II briefly discusses the American response to the Darfur referral to the ICC, especially the pending indictment of Sudanese President Omar Al-Bashir. Part III explains why the United States is supporting the ICC in Darfur and why this support should not be seen as a newfound commitment to cooperate with the ICC.

Full post as published by Legal Theory Blog on January 09, 2009 (boomark / email).