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1 results

  • 5 - Bush 43 Administration, 2000–2004

  • from Part II - Contesting Global Legal Power through the ICC
  • Malcolm Jorgensen, Humboldt-Universität zu Berlin
  • Book:
    American Foreign Policy Ideology and the International Rule of Law
    Published online:
    12 December 2019
    Print publication:
    02 January 2020, pp 159-190

  • 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.