Abstract
The United States has argued that its military personnel can and should be exempt from ICC investigation and prosecution, and that the ICC Statute should be revised accordingly. Advocates of the ICC have condemned this position by claiming that it undermines the morale of the ICC and is based on false legal and political pretenses. This article proposes a third way of strategic accommodation involving amendments to the ICC Statute that will serve as structured incentives to the U.S. to (re) sign and ratify the ICC Treaty. Such an arrangement will avert the need for special measures that would violate the integrity of the ICC Statute and build consensus within the Assembly of States Parties.
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