Please review the lectures, videos, and readings from the week. Please review carefully as well the case study materials and any supplemental materials that you may wish to research.
Overview and Scenario: As noted in this module, the U.S. relationship with the ICC has fluctuated since the adoption of the Rome Statute in 1998. Reports of atrocity crimes in Ukraine, particularly those committed by Russian forces, have caused some in the U.S. to advocate for full membership in the ICC.
Scenario
You are the Assistant Secretary in charge of the Bureau of Democracy, Human Rights, and Labor (DRL) at the State Department.
Earlier today, your colleague, the Assistant Secretary for Legislative Affairs, called you. "You may have heard that a group of Congresspersons from the President's party proposed measures in 2022 that would impact the U.S. relationship with the ICC," he said. "One was aresolution calling on the U.S. to accede to the Rome Statute. Another would repeal the American Servicemembers Protection Act. Both of those bills died quickly, but I understand an even larger group plans to co-sponsor these same measures again next week. I think it is unlikely that these proposals will go anywhere, but they have attracted the attention of the Seventh Floor (note: this is State Department jargon for the senior leadership of the agency). After all, the Russian crimes in Ukraine have prompted a renewed interest in the role of the ICC, including in some circles in Washington. I suggest that you and your team get ready for a tasking."
Sure enough, a high priority tasking arrives that afternoon from the "Line" (note: State Department jargon for the part of the Executive Secretariat that manages paper flow). The Secretary would like to hear views from his team as to what sort of relationship the USG should have with the ICC going forward.
Instructions: Respond to the following prompts:
Submit an initial post to the Discussion Board in which you state your position as to whether the State Department should, or should not, back the proposed legislation when it reappears. Your post must also discuss the implications of your position for the prosecution of violations of international law in Ukraine -- including whether venues other than the ICC would be more appropriate for addressing such crimes.
Write one substantive response to your colleagues’ posts, agreeing or disagreeing with their positions and/or arguments. You may also consider domestic political factors in framing your arguments. Justify your arguments.
Justify your opinion(s) with arguments based on information presented in this module and/or elsewhere.