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5 - Bush 43 Administration, 2000–2004

from Part II - Contesting Global Legal Power through the ICC

Published online by Cambridge University Press:  12 December 2019

Malcolm Jorgensen
Affiliation:
Humboldt-Universität zu Berlin
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Summary

Chapter 5 considers the first term of the George W. Bush (Bush 43) administration (2000–2004) when the US ‘unsigned’ the founding ICC statute and used a combination of domestic legislation and bilateral agreements to obstruct its further development. This period demonstrates a clear rejection of both legalist and liberal internationalist conceptions of the court. The dominant rule of law conception was instead that of illiberal nationalism combined with elements of illiberal internationalism, leading to widespread global criticism that US policy was contrary to the international rule of law. US policymakers nevertheless continued to defend US compliance with legal obligations and international criminal justice, while opposing a court advancing the principles recognised by legalist advocates.

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Chapter
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American Foreign Policy Ideology and the International Rule of Law
Contesting Power through the International Criminal Court
, pp. 159 - 190
Publisher: Cambridge University Press
Print publication year: 2020

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