Unsigning. (Treaty Establishing the International Criminal Court) (Symposium on Treaties, Enforcement, And U.S. Sovereignty) - Stanford Law School

Unsigning. (Treaty Establishing the International Criminal Court) (Symposium on Treaties, Enforcement, And U.S. Sovereignty)

By Stanford Law School

  • Release Date - Published: 2003-05-01
  • Book Genre: Law
  • Author: Stanford Law School
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Unsigning. (Treaty Establishing the International Criminal Court) (Symposium on Treaties, Enforcement, And U.S. Sovereignty) Stanford Law School read online review & book description:

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INTRODUCTION What accounts for the tumult over the Bush Administration's decision to "unsign" the treaty establishing the International Criminal Court (ICC)? (1) On its face, the decision was not only rational, but to everyone's benefit. When signing the Rome Statute, President Clinton restated American objections to the ICC's jurisdiction, (2) claimed that his intention in signing was to maintain an avenue for changing the court, (3) and signaled that he would not submit the treaty to the Senate unless significant revisions were made--and would recommend that his successor likewise refrain. (4) Whatever promise for eventual ratification this tack once held disappeared when the Bush Administration made known that it sided with the Senate in categorically opposing U.S. participation. (5) Rather than maintaining an ambiguous or duplicitous stance, the United States simply reverted to the status it might have retained all along--namely, that of a nonparty (6)--by complying punctiliously with the notice required by the Vienna Convention on the Law of Treaties, to which the United States is not even a party. (7) Unsigning, on this view, was simply being forthright, and by providing more accurate information about the U.S. position, better enabled other signatories and nonparties to promote their own interests. (8)

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