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Papers on US Position
   

AMICC Fact Sheets & Reports

Chronology of US Opposition to the International Criminal Court: From 'Signature Suspension' to Immunity Agreements to Darfur (June 26, 2008)
US Federal Case Law Citations to the International Criminal Court, by Amitis Khojasteh (July 10, 2007)
Statements regarding US-ICC Cooperation (April 29, 2008)
US Federal Appeals Court Relies on the Rome Statute of the International Criminal Court in Khulumani v. Barclay Nat'l Bank, by Duane W. Krohnke (February 11, 2008)
AMICC Response to the US Administration International Criminal Court Policy, updated by Briony MacPhee (July 2005)
Comparison: The US Constitution vs. The ICC's Rome Statute
The ICC Statute and US Constitutional Questions, by Alexander Ward (September 16, 2004)
The ICC: A Case for Conservatives, by Briony MacPhee (August 30, 2005)
Questions & Answers on the ICC: A Case for Conservatives, by Briony MacPhee (August 30, 2005)
US Cooperation with the ICC on Darfur, by Mariana Pena (September 27, 2005)
Hearsay and the Rights of the Accused: A Comparison of US Law and Anticipated Practices of the ICC, by Laurence D. Borten (August 2005)
Questions and Answers on Hearsay and the Rights of the Accused, by Eva Nudd (December 27, 2005)
Myths about United States Sovereignty and the International Criminal Court (2002)
US Organizations Supporting the ICC (May 2005)
Safeguards in the Rome Statute Against Abuse of the Court to Harass American Servicemembers and Civilian Officials (2001)
Terrorism and the International Criminal Court
AMICC Member Statement in Response to September 11 Attacks (2001)
The International Criminal Court: A New Tool For Justice (2002)

LAW REVIEWS

Douglass Cassel, Empowering United States Courts to Hear Crimes Within the Jurisdiction of the ICC, 35:2 New England L. Rev. 421 (2002)
William K. Lietzau, The United States and the International Criminal Court: International Criminal Law After Rome: Concerns from a U.S. Military Perspective, 64 Law & Contemp. Prob. 119 (2001)

Erik Rosenfeld, Note: Application of US Status of Forces Agreements to Article 98 of the Rome Statute, 2 Wash. U. Global Studies L. Rev. 273 (Winter 2003)

Michael P. Scharf, The United States and the International Criminal Court: The ICC's Jurisdiction over the Nationals of Non-Party States: A Critique of the US Position, 64 Law & Contemp. Prob. 67 (2001)

David J. Scheffer, Developments in International Criminal Law: The United States and the International Criminal Court, 93 A.J.I.L. 12 (1999)
David Scheffer, Fourteenth Waldemar A. Solf Lecture in International Law: A Negotiator's Perspective on the International Criminal Court, 167 Mil. L. Rev. 1 (2000)
David Scheffer, Article 98(2) of the Rome Statute: America’s Original Intent, 3 J. Int'l Crim. Just. 333 (2005)
John Washburn & Jennifer Schense, The United States and the International Criminal Court, 35 Int'l Lawyer (ABA Section of Int'l Law & Practice) 614 (2001)
ICC Opponents

Jack Goldsmith, The Self-Defeating International Criminal Court, 70 U. Chi. L. Rev 89 (2003) (In May 2003 Professor Goldsmith was named head of the Justice Department's Office of Legal Council)

Madeline Morris, Democracy and Punishment: The Democratic Dilemma of the International Criminal Court, 5 Buff. Crim. L. R. 591 (2002)

Madeline Morris, The United States and the International Criminal Court: High Crimes and Misconceptions: The ICC and Non-Party States, 64 Law & Contemp. Prob. 13 (2001)

Guy Roberts, Assault on Sovereignty: The Clear and Present Danger of the New International Criminal Court, 36 Am. U. Int'l L. Rev. 35 (2001)


BOOKS

Lawyers Committee on Nuclear Policy, Rule of Power or Rule of Law? An Assessment of US Policies and Actions Regarding Security-Related Treaties (ed. N. Deller, A. Makhijani & J. Burroughs, Apex Press 2003), including a chapter on the ICC.
The United States and the International Criminal Court: National Security and International Law (ed. Sarah B. Sewall & Carl Kaysen, American Academy of Arts & Sciences 2000)


OTHER

Coalition for the International Criminal Court (CICC) Secretariat, Bilateral agreements proposed by US government (a legal analysis), August 23, 2002
Congressional Research Service Report for Congress on "International Criminal Court: Overview and Selected Legal Issues," June 5, 2002
Congressional Research Service Report for Congress on "US Policy Regarding the ICC," September 3, 2002
Contemporary Practice of the United States Relating to International Law: US Bilateral Agreements Relating to ICC, 97 A.J.I.L. 200 (ed. Sean D. Murphy, Jan. 2003)

Council on Foreign Relations, Council Policy Initiative, Toward an International Criminal Court? Three Options Presented as Presidential Speeches, by John R. Bolton, Kenneth Roth, Anne-Marie Slaughter, Ruth Wedgwood (1999)

Council on Foreign Relations, Report of an Independent Task Force on Public Diplomacy (July 2002)
"Examples of misunderstood or misguided policies include the rejections of... the agreement to create the International Criminal Court.... Let us be clear: public diplomacy is not a matter of seeking foreign public approval to drive U.S. policy, nor is it simply an effort to win popularity. Rather, it involves a baseline recognition that foreign attitudes and understanding affect the success or failure of U.S. policies."

Council on Foreign Relations, Transcript, Should the U.S. Support a Strong and Independent International Criminal Court? Great Debate Series Between David J. Scheffer and Kenneth Roth with Commentary by Marc A. Thiessen, New York, N.Y. (May 6, 1998)

HRW, "United States Efforts to Undermine the International Criminal Court": Article 98 Agreements, August 2, 2002
HRW, "United States Efforts to Undermine the International Criminal Court": Article 98(2) Agreements, July 9, 2002
Robert Kagan, Power and Weakness, Policy Review (Hoover Institution June 2002)
Bryan MacPherson, Authority of the Security Council to Exempt Peacekeepers from International Criminal Court Proceedings, ASIL Insight (July 2002)
Jamie Mayerfeld, Who Shall be the Judge?: The United States, the International Criminal Court, and the Global Enforcement of Human Rights, HRQ 25 (2003)
Joe Sills et al., Environmental Crimes in Military Actions and the International Criminal Court (ICC) - United Nations Perspectives, Army Environmental Policy Institute, April 2001

State Department Bureau of Political-Military Affairs Factsheet: Frequently Asked Questions About the US Government's Policy Regarding the ICC, July 30, 2003
ICC Opponents

John R. Bolton, Courting Danger: What's Wrong with the International Criminal Court, National Interest, Winter 1998-99 (a publication of the American Enterprise Institute for Public Policy Research.)

Casey, Kadel, Rivkin, and Williamson, The United States and the International Criminal Court: Concerns and Possible Courses of Action (Federalist Society 2002)
Gary T. Dempsey, Reasonable Doubt, The Case Against the Proposed International Criminal Court (Cato Policy Analysis No. 311, July 6 1998)
       
   



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