Europe and America: Still Worlds Apart on the International Criminal Court

Abstract

The transatlantic crisis of 2003 was not only about the Iraq War. It concerned a range of foreign policy issues, as well as commitments to multilateralism and security institutions more broadly. The dispute over the International Criminal Court (ICC), for example, was frequently cited as evidence of a transatlantic rupture or a growing gap between Europe and America. The US proved deeply ambivalent about the idea of a permanent court with independent powers and weary about limiting its own foreign policy maneuverability. The European debate, while internally fragmented, generally supported a Court that mirrored its own structures, cut across power politics and extended a legal regime internationally. Barack Obama's election brought a new wave of optimism in transatlantic relations as many expected his foreign policies would be more aligned with European priorities. The tone improved decidedly in 2009, and because of political and humanitarian crises in Sudan the US prepared itself to engage constructively with the ICC. Nevertheless, as this article demonstrates, the US and Europe are still worlds apart on the ICC and the international legal order that it represents.