Practice
Published online by Cambridge University Press: 20 November 2025
Chapter 4 shifts the focus from why the US fears the ICC to when it opposes the ICC. The basic idea underpinning this portion of the book is that even though America’s fear that the ICC might someday target its troops is a constant, US policy toward the Court is a variable. I start by generating a typology of three broad strategies that the US might pursue in response to ICC investigations: opposition, assistance, and neglect. I describe what makes each strategy conceptually distinct and highlight the specific tactics associated with them. I then explain why the US might pick one strategy over the others. My theoretical framework calls attention to the interaction of two key variables: (a) whether the ICC investigation threatens US troops and (b) whether the ICC investigation advances broader American foreign policy goals. An analysis of each US presidential administration’s policies toward the ICC provides strong support for the theoretical framework.
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