Argument: ICC authority impedes national foreign policy flexibility

Issue Report: International Criminal Court


“U.S. Policy Regarding the International Criminal Court”. Congressional Research Service. 29 Aug. 2006 – “ICC opponents, however, may point out that if individuals are charged for conduct related to carrying out official policy, the difference between asserting jurisdiction over individuals and over the nation itself becomes less clear. After all, it is arguably the policy decision and not the individual conduct that is actually at issue. The threat of prosecution, however, could inhibit the conduct of U.S. officials in implementing U.S. foreign policy. In this way, it is argued, the ICC may be seen to infringe U.S. sovereignty.”