Bruce Broomhall

International Justice & the International Criminal Court is Prof. Bruce Broomhall's attempt at explaining why the International Criminal Court was created and what its powers are. Broomhall also attempts an explanation of why states like the United States, which have so far refused to sign onto the Rome Statute, should not be concerned about becoming members of the Court. Broomhall discusses at great length the ICC's jurisdiction, both subject matter and personal, and the ways in which the ICC can obtain control over the investigation and, if necessary, prosecution of an alleged crime. It's the ICC's limited powers that Broomhall holds out as the reason why the U.S. should not be concerned about joining it.

This is an excellent summary of the ICC. Anyone looking for a book explaining the extent of the Court's reach and what crimes it can prosecute will not be disappointed.

It is less convincing, however, on the issue of why the U.S. should join the ICC. The basic problem that the U.S. has with the ICC is the possibility of politically motivated prosecutions. Broomhall's contention is that the Court's reach is limited by the Rome Statute so the U.S. doesn't have to worry about politically motivated prosecutions. This does not, however, exactly address the United States' problem with the Court. The U.S. has always contended that the limitations on the ICC's reach are themselves politically manipulable. If the ICC chooses to engage in a politically motivated vendetta against the U.S., the Rome Statute, like all pieces of paper, can do nothing to prevent it. Institutions are controlled by people, not legal documents.

While I personally believe that the U.S. should join the ICC (the worry over politically motivated prosecutions has simply been way overblown by the American people), there is nothing in Broomhall's discussion of the issue that would likely make someone opposed to joining change his mind.… (more)