George Bush on the

International Criminal Court: The International Criminal Court was created under a statute negotiated in 1998 in Rome and has been in official existence since July 1, 2002. The Rome Statute has been ratified by 97 countries, including most European nations and other U.S. allies. The United States, however, opposes the ICC, claiming that the court's jurisdiction is too broad and might extend to members of the U.S. military.

George Bush

Description of the Candidate's position: Bush is opposed to US ratification of the Rome Statute and joining the ICC. He believes membership in the ICC may put US servicepeople at risk for politically motivated prosecution.

Quotation from the Candidate: In answers to an ABA interview Bush stated, "when President Clinton signed the ICC treaty, he explicitly stated that the treaty would have to be altered significantly before the United States could consider joining it. The reforms necessary to protect our troops have not yet been instituted, and until they are, no president should consider sending the treaty to the Senate for ratification. These agreements, allowed under the Rome Statute, would protect U.S. nationals by not allowing them to be surrendered to the ICC without the consent of the U.S. government. I believe this solution will provide needed protections for our personnel while respecting other countries' desire to join the ICC. Also, during the September 30th Presidential Debate he clarified, "I made a decision not to join the International Criminal Court in The Hague, which is where our troops could be brought to -- brought in front of a judge, an unaccounted judge. You don't want to join the International Criminal Court just because it's popular in certain capitals in Europe." (debate transcripts)

Assessment of the Proposal:

Positive: According to the CATO Institute the ICC, "threatens to diminish America's sovereignty, produce arbitrary and highly politicized "justice," and grow into a jurisdictional leviathan." CATO also states, "it appears that many of the legal safeguards American citizens enjoy under the U.S. Constitution would be suspended if they were brought before the court." With the conclusion that, "the U.S. Senate and U.S. House of Representatives should have sufficient grounds to, respectively, refuse to ratify and to fund the International Criminal Court."

Negative: USAforICC.org advocates the US ratification of the Rome Statute, so that war criminals don't get away with murder. Many ICC advocacy organizations believe without US participation the ICC may not function as intended, and the Bush Administration's lack of support for the ICC may even undermine the Court's work.

Comparison: John Kerry constantly stresses the importance of working with our allies in his foreign policy rhetoric. George Bush advocates a foreign policy that is unilateral if needed and preemptive if a threat exists. George Bush does not support the ICC in the current form. Kerry does not support the ICC in its current force, but believes the US should be involved in ICC negotiations.