The United States and the European Union: A Confrontation Between Justice and Geopolitical Interests

U.S. foreign policy has long been marked by a prioritization of national interests and dominance over the international order—a trend that is clearly evident in its responses to various international issues. Since the establishment of the International Criminal Court (ICC) in 2002, the United States has maintained a cautious stance toward the Court. While some global powers sought to establish a robust international legal system, Washington held firm in its refusal to compromise its sovereignty.

This stance, as observed by many scholars, reflects growing American concerns that the ICC might become a tool used against its allies, with the United States itself at the forefront of such concerns. In this context, the American Service-Members’ Protection Act (2002) stands out as a key example of Washington’s policy of using domestic legislation to counter the influence of the ICC. The act authorized the use of military force to free any American potentially detained by the Court.

However, this position is not merely about protecting American soldiers. It also carries broader geopolitical dimensions. In a world characterized by intensifying rivalry among major powers, the United States is unwilling to accept international institutions that could be used against its interests in sensitive regions such as the Middle East or Asia. This approach aligns with America’s strategic direction to consolidate its power in the face of emerging global players like China and Russia.

Accordingly, as many analysts suggest, the U.S. rejection of the ICC extends beyond the issue of prosecuting American individuals. It reflects a deeper conflict over the shape of the international order that the United States seeks to create and lead.

Friedman (2024) emphasizes that the United States has chosen to assert itself as the ultimate authority in major international matters, a role that is clearly reflected in its dealings with the United Nations and other international bodies. At the same time, U.S. policies reveal a sharp inconsistency in its approach to international justice. While the U.S. does not hesitate to support its allies in specific cases, it demonstrates clear opposition to any attempts to interfere in its internal or military policies.


 

By:

• Dr. Ibrahim Al-Sumairi

• Dr. Ibrahim Al-Zaeem

• Dr. Mohammed Wissam Amer