John Kerry 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. The U.S. played a leading role in the creation of the ICC, especially in the drafting of the ICC's Rome Statute. The Clinton administration worked through ongoing negotiations to resolve some remaining concerns it had with the Court's jurisdiction, but in the meantime President Clinton signed the Rome Statute on December 31, 2000 (the last day the treaty was open for signature). The Bush administration, however, has taken a strong position against the ICC, has withdrawn from all negotiations, and has pursued policies that could undermine the Court's early work

John Kerry

Description of Candidate's position: John Kerry supports former President Bill Clinton's signature on the ICC document. Kerry support U.S. participation in the International Criminal Court, but also believe that U.S. officials, including soldiers, should be provided some protection from politically motivated prosecutions. Kerry Strongly supports "constructive engagement" with allies and for US participation with the Court, but retains concerns about politically motivated prosecutions of US officials and servicemembers.

Quotation from Candidate: Kerry states, "The Bush administration needlessly alienated our friends and allies by its ham-handed approach to the issue of the International Criminal Court. My administration will carefully consider the full range of U.S. interests at stake with respect to the court as we review our policy and fashion a more constructive approach."

Assessment of the proposal:

Positive: Peace-Action.org advocates a change in foreign policy and believes it is important for the US to participate in the ICC. They support Kerry's stance because of his willingness to negotiate.

Negative: The CATO Institute believes ratifying the ICC would threaten America's sovereignty, contribute to political lawsuits and suspend rights guaranteed under the US Constitution. The CATO Institute does not support engaging in ICC discussions.

Comparison: Kerry supports engaging with members of the ICC, but has not outlined a specific plan for US action or ratification. Bush opposes joining the ICC and employs a unilateral foreign policy when needed.

Link to Bush's brief on ICC