Abstract

In this essay the author states that contrary to what reports may say, the state parties of the International Criminal Court (ICC) are relieved that the United States has not joined the new institution. Based on interviews with high-ranking members of the ICC, the article indicates that a majority of the state parties involved try to avoid the ICC becoming "a bastion of common law". A second explanation is that if the United States were to ratify the treaty the court would be perceived as a "court of the western hemisphere", resulting in even more reservation from Asian and Arab states. The Darfur case has taken the ICC closer to a more advantageous scenario for the near future: American cooperation, but no participation.