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1 results

  • 7 - Obama Administration, 2008–2016

  • from Part II - Contesting Global Legal Power through the ICC
  • Malcolm Jorgensen, Humboldt-Universität zu Berlin
  • Book:
    American Foreign Policy Ideology and the International Rule of Law
    Published online:
    12 December 2019
    Print publication:
    02 January 2020, pp 220-258

  • Summary

    Chapter 7 concludes analysis of the ICC with the Obama administration (2008–2016), in which there was a conspicuous ‘reset’ of ICC policy to positive engagement. The United States attended annual meetings for the first time and contributed substantively to negotiations establishing the crime of aggression. There was no formal ‘re-signing’ of the ICC treaty; however, the aggression definition agreed by other states was rejected and the United States continued to deny any prospect of becoming a member of the court. Here, US policy is shown to reflect an amalgam of ideologies but predominantly that of liberalism in both its internationalist and its nationalist form. The consequence was that US re-engagement was always distinct from the legalist position and thus highlighted incompatible legal ideals even as all parties pledged fidelity to the international rule of law.