Case 314 - Establishing an International Criminal Court: The Emergence of a New Global Authority?

Leonard, Eric K.

On April 11, 2002, the Rome Statute for an International Criminal Court received its 60th ratification, establishing the ICC as a functioning entity. But even as a large portion of the international community, joined by many Americans, celebrated, the George W. Bush administration moved to “unsign” the Rome Statute because of its purported violation of state sovereignty.

By examining this case study, students can explore the transformative nature of global authority, the increased tension that now exists between international organizations and state sovereignty, the role of nonstate actors, the increased importance of issues of humanitarian law, the position of U.S. foreign policymakers concerning the establishment of multilateral institutions, and the negotiation process surrounding regime formation. The study would be useful in numerous courses: introduction to world politics, international law, international organizations, U.S. foreign policy, diplomacy, international human rights, and the politics of globalization and global governance.