International society, the International Criminal Court and American foreign policy

Abstract

The discipline of International Relations has been slow to assess the ICC and American opposition to it. This article uses the English School approach to assess the impact of the ICC on international society. The Rome Statute's definition of core crimes and its provision of an independent prosecutor help to legally constitute world society which transcends the society of states. The US opposes this development by arguing that international criminal justice should remain within the framework of international society. This is because the society of states accommodates a strong exceptionalist discourse and furthers America's particular interests in a way world society does not.