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Defending the Society of StatesWhy America Opposes the International Criminal Court and its Vision of World Society$
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Jason Ralph

Print publication date: 2007

Print ISBN-13: 9780199214310

Published to Oxford Scholarship Online: September 2007

DOI: 10.1093/acprof:oso/9780199214310.001.0001

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Europe, the United States, and the International Criminal Court

Europe, the United States, and the International Criminal Court

(p.151) 6 Europe, the United States, and the International Criminal Court
Defending the Society of States

Jason Ralph (Contributor Webpage)

Oxford University Press

In stark contrast to American policy, European states have embraced the ICC. This chapter examines what this tells us about Europe as an actor on the global state. Drawing on Andrew Linklater's conception of a post‐Westphalian political association, the chapter examines how the European Union and its member governments have interacted with Westphalian states like the US on matters relating to the ICC. In particular the chapter focuses on the political dilemmas created by US attempts to exempt its citizens from the ICC's jurisdiction and it uses these as case studies to illustrate how support for the Court impacts on our understanding of good international citizenship. The chapter offers detailed accounts of the debate on bilateral non‐surrender or bilateral immunity agreements, the debate at the Security Council on exemptions for peacekeepers, and the Security Council's decision to refer the situation in Darfur to the ICC.

Keywords:   Linklater, post‐Westphalia, Article 98, bilateral immunity agreements, bilateral non‐surrender agreements, UN peacekeeping, good international citizenship, Darfur

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