Required reading is from Mingst, Chapter 9 called The Quest for Global Governance
, International Law, and Organizations)
there is a large body of international law in the world today. Do you think these laws are actually effective in influencing state behavior? Why or why not? Provide both theoretical reasoning for your answer and real-world example to back up your argument. NGOs have power and influence, but they are also limited in important ways. In the twenty-first century, describe where you think their power and influence come from, and what limitations NGOs face. Do you think NGOs are going to become more limited or more powerful in the future? Why? Provide examples to back up your argument. Which of the mechanisms is more effective in restricting war and maintaining global peace? Provide example of how each has been applied in real-world conflict.
In this simulation, you are serving as a senior advisor to the President of the United States. The President seeks your counsel on a critical foreign policy decision: whether the U.S. should join the International Criminal Court (ICC)—a permanent tribunal established in 2002 to prosecute individuals for crimes against humanity, war crimes, and genocide. The ICC intervenes only when national judicial systems are unable or unwilling to investigate such crimes or where no legal system
exists.
As the President’s advisor,
your task is to provide a well-reasoned recommendation on whether the United States should join the ICC. In making your decision consider these three dimensions of ICC (key considerations):
Jurisdiction of the ICC: examine the scope and limits of the ICC’s authority. Discuss how its jurisdiction might conflict with or complement U.S. national sovereignty. Consider one historical example of U.S. participation or withdrawal from global institutions.
Prosecution of International Crimes: evaluate how effectively the ICC addresses crimes of international concern. Analyze whether the ICC’s prosecutorial efforts align with U.S. strategic, moral, and diplomatic interests in the global order. Reflect on how global cultures and human rights norms influence the perception of justice
Compatibility with U.S. Legal Principles: Assess how ICC membership aligns within the
U.S. Constitution and legal frameworks. Discuss potential challenges, including the principle of complementarity, and whether U.S. courts might defer to or clash with the ICC.
Based on these considerations, develop a compelling and balanced argument. What arguments /recommendations would you present to the President? In constructing your answer, you are expected to:
demonstrate knowledge of international institutions, legal systems, and global cultural norms and to reflect on the potential diplomatic, legal, and strategic consequences of the U.S. decision.
Apply the following International Relations theories to justify your position--Realism, Liberalism, Constructivism, Feminism (use evidence from course materials and one real-world example of ICC involvement to support your points as your argument must clearly engage with historical precedents, governmental structures, and the function of international institutions).
ONE PARAGRAPH AGREEING OR DISAGREEING TO THIS
International law has evolved as a key component of global governance, made to bring order and accountability to the international system. International law has grown to regulate warfare, diplomacy, trade, environmental issues, and human rights, aiming to create cooperation in the global environment (Mingst p. 218). The theories of neorealism and neoliberal institutionalism have contrasting views on the potential for this cooperation. Neorealists argue that when there is a lack of central authority, states are most concerned with their survival therefore acting following national interests. This will often involve zero-sum thinking and a focus on relative gains (Griffiths p.14). Due to this, using this perspective, cooperation is rare and short-lived as the states fear losing their power. This view helps explain actions such as the United States withdrawing from the Paris Agreement as the national interest trumped long-term global cooperation. In contrast, neoliberal institutionalists see cooperation as not only a possibility but common thanks to the roles of institutions reducing uncertainty and enforcing agreements (McGlinchey p. 23). These institutions, such as the WTO or UN, create spaces where states can go after mutual gains despite anarchy (Mingst p. 223). One example of this is the European Union which began with economic cooperation in coal and steel, however, it developed into a broader political union, showing how institutions can change a state’s behavior and interests.
