International Criminal Court: Reservations of Non-State Parties in Southeast Asia

Debates over the merits of supporting the International Criminal Court (ICC) continue with fervour at the United Nations Security Council and General Assembly, in spite of steadfast opposition by the United States towards the Rome Statute and its pro-active attempts to thwart the ICC's sphere of influence with bilateral immunity agreements. In assessing the dominant reservations withholding non-party Southeast Asian states from endorsing the ICC — be it apprehension over politically motivated accusations, the desire to uphold the norm of national sovereignty over erga omnes, domestic considerations such as opposition from vested interest groups, or pressure from the US to reject the Statute altogether — this article discerns a conspicuous trait spanning all countries, i.e. public opinion, even in democracies, is secondary to state elites' obsession with preservation of state sovereignty and regime sustenance.