Who Shall Be Judge?: The United States, the International Criminal Court, and the Global Enforcement of Human Rights

The International Criminal Court, empowered to prosecute individuals guilty of the worst human rights atrocities, has encountered firm resistance from the United States. Underlying this dispute is a clash between two different models for achieving the global enforcement of human rights: a collective enforcement model exemplified by the Court, and a unidirectional enforcement model favored by the US. Both models present difficulties, but those of the collective model are curable, while those of the unidirectional model are not. Since the ICC cures the most significant difficulties associated with the collective model, it deserves US support. This paper addresses several of the specific legal, moral, and political controversies that have surfaced in debates over the ICC.