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DEBATE OVER ICC TACTICS, NOT SUBSTANCE
The presidential candidates' positions over U.S. refusal to participate in the
International Criminal Court were highlighted throughout the
debates, but the focus had little to do with the substance of the anti-ICC
allegations.
Going into the debates, both candidates had put forth their positions through an
American Bar Association questionnaire. President Bush argued that "submission
to the jurisdiction of the ICC would put our troops and officials at
unacceptable risk of politically motivated prosecutions," and insisted that "for
this reason, when President Clinton signed the ICC treaty, he explicitly stated
that the treaty would have to be altered significantly before the United States
could consider joining it." He charged that "the reforms necessary to protect
our troops have not yet been instituted, and until they are no president should
consider sending the treaty to the Senate for ratification."
Rather than contradicting the President's allegations, Senator Kerry responded
by attacking the President's methods, stating "the Bush administration
needlessly alienated our friends and allies by its ham-handed approach to the
issue of the International Criminal Court." But he side-stepped the debate over
whether or not to join the ICC, stating simply that he "will carefully consider"
U.S. interests to develop "a more constructive approach."
Then, in the first of the televised debates, Senator Kerry admonished the
President for turning away from the global community. In response, President
Bush raised the issue of the ICC, using his opposition to the Court as an
example of his willingness to do what was "necessary" despite its unpopularity.
Insisting he was "not out to win any world popularity contests," he reiterated
his argument that the UN court was a tribunal "where unaccountable judges and
prosecutors could pull our troops, our diplomats, up for trial." Bush further
accused Kerry of wrongly supporting the International Criminal Court.
Kerry had no response during the debate, but an article in the Boston globe days
later quoted him as opposing the ICC "until our concerns are addressed and the
Court develops a solid track record of fair prosecutions of the world's worst
criminals." Again, the candidates differed not over joining the court itself, but
rather over what Kerry has labeled "the obsessive and self-defeating campaign President Bush
has waged against the ICC."
In the second debate, the ICC came up again when President Bush was asked how he
planned to repair relations with other countries "given the intensity of
aggravation with the U.S." While saying "we'll continue to reach out," the
President repeated his intent to act "in the right interests of our security."
As an example, he once again referred to the ICC, indicating "You don't want to
join the International Criminal Court just because it's popular in certain
capitals in Europe."
In the days leading up to the election, both candidates have used the refusal to
join the ICC as an example of the President's performance. But it does not
appear that either candidate is ready and willing to discuss the substance of
the argument behind the president's actions.
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