International Criminal Court
「International Courts and Tribunals and the Rule of Law」（2006年5月11日）より
The United States does not support every example of international criminal tribunals. Our concerns about the International Criminal Court are well-known. While we share common goals with many ICC supporters, we disagree with the ICC’s method for achieving accountability. From the U.S. perspective, the ICC lacks an adequate system of checks and balances, and the Rome Statute gives the ICC prosecutor the ability to initiate cases without appropriate oversight by the UN Security Council. This creates a risk of politicized prosecutions, and infringes on the Security Council’s primary role under the UN Charter for the maintenance of international peace and security. In this connection, we object as a matter of principle to the ICC’s claim of jurisdiction over persons from states who have not become parties to the Rome Statute. The United States has nonetheless demonstrated that our differences over the ICC will not prevent us from finding ways to work with ICC supporters to bring to justice perpetrators of genocide, war crimes and crimes against humanity. For example, we accepted adoption of the UN Security Council resolution referring the situation in Darfur to the ICC because we felt it was important for the international community to speak with one voice on accountability there. And we have expressed our willingness for the Special Court for Sierra Leone to hold the trial of Charles Taylor in the ICC facilities in The Hague in order to minimize the risk that his trial could pose to security and stability in West Africa. As we have said many times, we respect the decisions of states that have become parties to the Rome Statute; we ask in return that other states respect our decision not to do so and not to subject U.S. persons to the ICC’s jurisdiction. We share with parties to the Rome Statute a commitment to preventing genocide, war crimes, and crimes against humanity, and to ensuring accountability when they occur. We believe that divisiveness over the ICC distracts from our ability to pursue these common goals, and hope that supporters of the Rome Statute will join us in constructive efforts to advance our shared values. Javier Solana said it well when he stated last year that there needs to be a "modus vivendi" between supporters of the ICC and the United States. The contentious debate over the ICC has obscured the enormous and indispensable contributions that the United States has made in matters of international criminal justice. Our experience has been that establishing a tribunal, whether by Security Council resolution, treaty, or domestic statute, is only a first step. A state’s real commitment lies in its efforts to ensure that wrongdoers are apprehended, that tribunals have adequate resources, and that full and fair trials are actually conducted. By these measures, the United States is certainly among the world’s leaders in promoting international criminal justice.米国務省公開資料：ジョージ・ワシントン大学でのベリンジャー氏演説原稿
「International Courts and Tribunals and the Rule of Law」（2006年5月11日）より
