Overview

The controversial relationship between the United States and the International Criminal Court (ICC) is at a crossroads. The ICC is the world's first permanent court to prosecute individuals who commit crimes of concern to the international community. After an initial period of hostility toward the ICC, the United States has in recent years pursued a policy of cautious engagement. This approach faced serious challenges at the 2010 ICC Seven-Year Review Conference, as ICC parties considered amending the Rome Statute, the ICC's governing document, in ways that could run counter to U.S. interests. In this report, Vijay Padmanabhan argues that the United States should dissuade ICC member states from making institutional changes that further complicate U.S. cooperation. He also recommends ways for the United States to strengthen its leadership role on international criminal justice issues.

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Vijay Padmanabhan is a visiting assistant professor of law at Yeshiva University's Benjamin N. Cardozo School of Law.

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