America’s exceptionalist tradition: from the law of nations to the international criminal court

How might we explain the reticence that the United States has towards the International Criminal Court, especially when one considers that the Rome Statute, the Court’s governing treaty, contains many of the legal protections afforded under the US legal system? This article will argue that the US’ relationship with the ICC is part of a longer pattern of US behaviour that can be best explained through the lens of exceptionalism. In making this argument, the article has two interrelated objectives: first, to provide an historical overview of how the US has behaved vis-à-vis treaty-based international legal institutions designed to moderate warfare; and second, to provide a critique of arguments that present the United States’ relationship with said legal institutions as nothing more than an expression of narrowly informed national interests.