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International Criminal Court (ICC)

The Trump Administration Throws Down the Gauntlet to the ICC. The Court Should Decline The Challenge.

In his speech to the Federalist Society on Monday, national security adviser John Bolton fired a broadside at the International Criminal Court, which he called “ineffective,” “unaccountable,” “deeply flawed” and “outright dangerous.” He said the ICC unacceptably threatens American sovereignty and U.S. national-security interests. He criticized the ICC prosecutor’s request to start an investigation of U.S.

International Criminal Court (ICC)

National Security Adviser John Bolton Remarks to Federalist Society

National Security Adviser John Bolton delivered the following remarks to the Federalist Society on Monday. The remarks below are as prepared for delivery.

“Protecting American Constitutionalism and Sovereignty from International Threats”

Thank you, Gene [Eugene Meyer], for your kind introduction. I want to thank Gene, as well as Dean Reuter, for the invitation to be here today. It is a true honor to address all of you this afternoon.

International Criminal Court (ICC)

The International Criminal Court and the Trump Administration

In a post earlier this week, David Bosco speculated how John Bolton’s appointment as national security adviser might affect the Trump administration’s reaction if the International Criminal Court opens an investigation into possible U.S. war crimes in Afghanistan and other countries.

International Criminal Court

What Does John Bolton’s Appointment Mean for the ICC Investigation in Afghanistan?

John Bolton’s appointment as national security adviser may have the most dramatic implications for U.S. policy toward North Korea and Iran. But there’s another dimension to his elevation that deserves at least some attention. Bolton, who has been a ferocious opponent of the International Criminal Court, will likely be assuming his post just as the ICC opens its first ever investigation of United States conduct.

International Criminal Court (ICC)

The U.K.’s Opportunity to Use Lawfare in Response to the Salisbury Attack

The United Kingdom has already outlined economic and diplomatic sanctions against Russia in response to the chemical weapons attack in Salisbury, England. Prime Minister Theresa May suggested that covert action was also under consideration. And through its rhetoric, the U.K. government has even suggested that more overt uses of force may be an option. But what if the U.K. also looked to the institutions of legal accountability, including the International Court of Justice and the International Criminal Court? While admittedly imperfect institutions, the ICJ or the ICC could afford the U.K.

Foreign Policy Essay

How to Respond When the International Criminal Court Goes after America

Editor’s Note: The International Criminal Court (ICC) is about to investigate U.S. actions in Afghanistan and controversial interrogation practices—a decision the United States has long quietly opposed. What to do about the investigation, however, is complex, as open defiance of the ICC may have significant costs. David Bosco of Indiana University proposes a compromise: The United States would affirm its support for the ICC's general goals but stress that it should only include member states, not America or other non-members.


International Criminal Court (ICC)

Will the ICC Launch a Full Investigation in Afghanistan?

In mid-November, International Criminal Court prosecutor Fatou Bensouda announced that her office would make a decision “in the very near future” on whether to launch a full investigation in Afghanistan. That statement meshed with my own reporting that prosecutor’s office had finally chosen to move ahead.

International Law

A Former U.S. Envoy's Thoughts on ICC Scrutiny of the United States

I wrote yesterday in Foreign Policy about the coming ICC investigation in Afghanistan. Unless something changes dramatically in the next days and weeks, that investigation will include some allegations against U.S. personnel (alongside a much broader array of possible crimes by insurgent forces and Afghan government officials). Specifically, the prosecutor has focused on U.S. detention practices between 2003 and 2005.

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