President Bush's decision to withdraw the United States signature to the Rome treaty creating the International Criminal Court (a signature which President Clinton had affixed in the final days of his administration) was cheered by the Heritage Foundation, and vigorously denounced by Transnationalists, including Harold Koh, now the nominee for Legal Advisor to the U.S. Department of State. In the current issue of World Affairs, Julie Flint and Alex de Waal detail the disastrous, inept, self-serving, and thoroughly harmful tenore of the ICC's one and only head of the Office of the Prosecutor (OTP), Luis Moreno Ocampo. That Ocampo remains in office after six years is a very important data point that the ICC suffers from severe structural defects. Theoretically, there are good pro/con arguments regarding an ICC. In practice, President Bush's judgment that the ICC as it was actually created was a dangerously bad institution and incapable of self-reform appears to have been correct.
President Bush was right on the International Criminal Court: