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American Foreign Policy Ideology and the International Rule of Law from Part II - Contesting Global Legal Power through the ICC
Published online by Cambridge University Press: 12 December 2019
Chapter 6 turns to the second term of the Bush 43 administration (2004–2008) which was characterised by more pragmatic engagement with and even tacit endorsement of the court, yet continued insistence on legal privileges through the United Nations Security Council (UNSC). Here, the United States is shown to express illiberal internationalist conceptions that appeared more complementary with legalism, but remained distinct from it. Significantly, the negation of exceptionalist ideological beliefs by the Abu Ghraib prisoner abuse scandal led to acceptance of limited equal rights under the UNSC consistent with legalism. This episode corroborates the claim for ideology’s controlling role in interpreting legal principle but also the power of contesting American IL policy at the level of ideological beliefs.
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