Originally published on the CGS blog on September 19, 2007.
Alex Little, a lawyer who served as a consultant to the International Criminal Court and worked in its Prosecution Division, has a great proposal in today’s Christian Science Monitor for a potential breakthrough in the U.S.-ICC relationship.
He begins by stating:
IN “THE ART OF WAR,” Sun Tzu, the noted Chinese war strategist, advises military leaders to “embrace unexpected tactics.” Although more than two thousand years old, this advice remains sound.
Today, as policymakers struggle to repair America’s reputation abroad, they could borrow a page from Sun Tzu’s book: The United States should join the International Criminal Court (ICC).
Which is more difficult to believe: Little using Sun Tzu’s “The Art of War” to encourage recalcitrant U.S. lawmakers to join the ICC or the United States under this administration ever signing (forget ratifying) the Rome Treaty? I’d like to say the former, but it’s obviously the latter.
But it gets even better. Little goes on to say:
To be sure, the Bush administration has been a staunch opponent of the ICC. In 2002, Bush “unsigned” the treaty that created the court, and US diplomats have openly sought to discredit it. Critics assert that the ICC is open to manipulation by America’s enemies. They cultivate a foreboding sound-bite: that an anti-American prosecutor might charge a member of the US armed forces with war crimes.
But, paradoxically, it is exactly the vehemence of this administration’s opposition to the ICC that makes joining the court viable. If Richard Nixon could open the door to China, then certainly Bush can open those at The Hague.
Call it diplomatic jujitsu. The force of the administration’s previous contempt for the court, if reversed, would send a dramatic message to a world skeptical of America’s human rights record: If you don’t trust America’s word, watch the US in action.
This message, sent at a time when America’s reputation is under attack, would instantly reframe the debate about the government’s commitment to human rights, generate positive press internationally, and begin to restore America’s moral standing in the eyes of the world.
By joining the ICC, America can demonstrate its moral strength, commitment to the rule of law, and leadership in the fight for freedom and dignity – in sum, that the US is committed to exercising a positive influence in world affairs.
Diplomatic jujitsu? I wish. The current administration better resembles a gang of drunken streetfighters (envision Will Danaher in The Quiet Man) than disciplined martial artists. And for the record, I will never be confused for Richard Nixon’s Number One fan, but his opening the door to China was both diplomatically calculated and politically brilliant. Let’s hope that President Bush starts thinking about his legacy, surprises us all, and opens the door to the Hague. A great place to start repairing our image in world and our relationship with the ICC would be during his speech next week to the General Assembly. We can only hope…
