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Subject: Negotiations Title: The Us Opposition To The Establishment Of International Criminal Court

2345 words - 9 pages

IntroductionThe International Criminal Court is the very important institution, which should become the mean of struggling with such crimes as genocide, war crimes and crimes against humanity, and many countries supported that idea, but the US took position against it. The aim of this paper is the application of several concepts from the course of the negotiation to the situation with the establishment of the International Criminal Court and the US opposition to it. In particular, this paper will talk about the background information, discuss the interests of the US, which will explain their position regarding the Court and not ratifying the Statute, the approach America used in the process of negotiation, intra-party negotiation and how it influenced the country's position.BackgroundLooking at the history helps to understand that the establishment of the International Criminal Court was the world's attempt to deal with the crimes against humanity. This decision was made after the Second World War, but just in the end of the 20th century many countries of the world were really ready to create a permanent International Criminal Court. "After initial efforts toward the realization of such a court in the 1950s, the idea was put on hold, only to be revived in 1989" (Zwanenburg, 1999, p. 125). In this year the work on the Court was resumed and in 1994 there was a complete draft for the Statute. 4 years later, in 1998, the international agreement on the establishment of the ICC, known as the Rome Statute (or treaty), was signed in Rome by 120 nations, but the United States along with several other countries didn't sign it. (Magliveras, Bourantonis, 2003). However, the US signed it in 2000, but in 2002 the country decided that it has no any legal obligations to the court and "unsigned" the treaty.In the very beginning the US Government supported the establishment greatly, and played a big role in its development. However during the negotiation on different issues the US expressed many concerns and due to the fact that not all of them were solved, the US didn't ratify the Statute. So, the next section of the paper will explain the interests of the US, which lied under the country's position of not ratifying the Rome Statute.Interests of the USThe first issue to be addressed here is the interests of the United States, which led to its position regarding establishment of the International Criminal Court. Interests cause the decisions and the positions that parties take. Interests motivate parties. "For every interest there usually exist several possible positions that could satisfy it" (Fisher, Ury, 1991, p.42). Understanding of your own interests as well as the interests of the other party is very important, because that gives an opportunity to find an alternate position that will satisfy the interests of both parties. That is why it is very important to identify and understand what interests the US had and why it caused them not to ratify the Statute.The...

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