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CFR 1999 Towards an International Criminal Court

CFR 1999 Towards an International Criminal Court

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Toward an International Criminal Court?
The Council on Foreign Relations, Inc., a nonprofit, nonpartisan national membershiporganization founded in 1921, is dedicated to promoting understanding of internationalaffairs through the free and civil exchange of ideas. The Council's members are dedicatedto the belief that America's peace and prosperity are firmly linked to that of the world.From this flows the Council's mission: to foster America's understanding of other nationstheir peoples, cultures, histories, hopes, quarrels, and ambitions and thus to serve ournation through study and debate, private and public.THE COUNCIL TAKES NO INSTITUTIONAL POSITION ON POLICY ISSUESAND HAS NO AFFILIATION WITH THE U.S. GOVERNMENT. ALLSTATEMENTS OF FACT AND EXPRESSIONS OF OPINION CONTAINED IN ALLITS PUBLICATIONS ARE THE SOLE RESPONSIBILITY OF THE AUTHOR ORAUTHORS.This volume is the third in a series of Council Policy Initiatives (CPIs) designed toencourage debate among interested Americans on crucial foreign policy topics bypresenting the issues and policy choices in terms easily understood by experts andnonexperts alike. The substance of the volume benefited from the comments of severalanalysts and many reviewers, but responsibility for the final text remains with the projectdirector and the authors.Other Council Policy Initiatives:Future Visions for U.S. Defense Policy (1998), John Hillen, Project DirectorFuture Visions for U.S. Trade Policy (1998), Bruce Stokes, Project Director.Council on Foreign Relations Books, Task Force Reports, and CPIs are distributed byBrookings Institution Press (1-800-275-1447).For further information on Council publications, please write the Council on ForeignRelations, 58 East 68th Street, New York, NY 10021, or call the Office of Communications at (212) 434-9400.Visit our website at www. foreignrelations.org.Copyright _ 1999 by the Council on Foreign Relations_, Inc.All rights reserved.Printed in the United States of America.This book may not be reproduced, in whole or in part, in any form (beyond that copyingpermitted by Sections 107 and 108 of the U.S. Copyright Law and excerpts by reviewersfor the public press), without written permission from the publisher. For information,write Publications Office, Council on Foreign Relations, 58 East 68th Street, New York,NY 10021.
ForewordAcknowledgmentsMemorandum to the PresidentAnne-Marie SlaughterSpeech One: Endorse the International Criminal CourtKenneth RothSpeech Two: Reject and Oppose the International Criminal CourtJohn BoltonSpeech Three: Improve the International Criminal CourtRuth WedgwoodBackground MaterialsAppendix A: U.S. Objections to the Rome Statuteof the International Criminal CourtAppendix B: Excerpts from the Rome Statuteof the International Criminal CourtAbout the Authors
Toward an International Criminal Court? is the third in a series of Council PolicyInitiatives (CPIs) launched by the Council on Foreign Relations in 1997. The purpose of a CPI is to illuminate diverse approaches to key international issues on which a policyconsensus is not readily achievable. By clarifying a range of relevant perspectives onsuch issues, the Council hopes to inform and enhance the public debate over choicesfacing American foreign policy.In pursuing that objective, a CPI follows a straightforward process:1. Having chosen a topic of significance and controversy, the Council enlistsknowledgeable authors of divergent opinions to argue the case for the policyoption each would recommend to a U.S. president.2. Each option takes the form of a draft speech that a president might make inpresenting a decision to the American people.3. Panels of other experts subject those speeches to critical review, an unofficialevaluation process that resembles interagency deliberations within thegovernment.4. After thorough revision, the speeches are published under the cover of amemorandum arraying the options as a senior presidential adviser might do.
5. The published speeches and memorandum then serve as the basis for televiseddebates in New York or Washington and meetings around the country.The Council takes no institutional position on any policy question but seeks to present thebest case for each plausible option a president--and fellow citizens--would wish toconsider.The proposal for an International Criminal Court (ICC) has now advanced to a climacticstage requiring careful attention and serious thought. This study makes clear both thecourt's ambitious goals and the disputed factors bearing on American policy toward it.The Council is deeply grateful to the study's four principal authors: Anne-MarieSlaughter, Kenneth Roth, John Bolton, and Ruth Wedgwood. I would also like to thank Project Director Alton Frye for organizing the CPI and for bringing it to a successfulconclusion. In supervising and integrating the study, Alton Frye has been ably supportedby Hoyt Webb and by Research Associate Shane Smith.I would like to express special gratitude to Arthur Ross and his foundation for not onlysupporting this project but also their general support of efforts by the Council to bringimportant issues to interested Americans in ways that non-experts can understand anddebate.The war crimes indictments of Yugoslav President Slobodan Milosevic and his seniorassociates, recently handed down by the ad hoc U.N. Tribunal for the Former Yugoslavia,make the subject of this CPI even more timely and compelling. As the U.S. policycommunity and interested citizens come to focus on the ICC's far-reaching implications,we trust that this CPI will contribute a useful measure of fact, logic, and hardheadedargument. In that task, it exemplifies the continuing mission of the Council on ForeignRelations.Leslie H. GelbPresident
The idea for this Council Policy Initiative originated withMorton Halperin, then a Council senior fellow and more recently director of policyplanning in the Department of State. In addition to the authors, the Council wishes tothank those who gave the authors critical reviews, gentle nudges, and pointedsuggestions. Participants in the panel reviews of the developing manuscripts included thefollowing:Project Director and Editor:Alton Frye, Council on Foreign RelationsPanel Reviewers:Elliot Abrams, Ethics and Public Policy CenterLori Fisler Damrosch, Columbia UniversityAllan Gerson, Council on Foreign Relations

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