Ideological Values and Norm Contestation in the ICC: The Afghanistan 
Investigation and American Opposition to Article 12(2)(a) Jurisdiction

Jorgensen, Malcolm

doi:10.1093/oso/9780192855831.003.0011

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Ideological Values and Norm Contestation in the ICC: The Afghanistan Investigation and American Opposition to Article 12(2)(a) Jurisdiction

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Jorgensen, Malcolm
Max Planck Institute for Comparative Public Law and International Law, Max Planck Society;

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https://doi.org/10.1093/oso/9780192855831.003.0011
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Citation

Jorgensen, M. (2023). Ideological Values and Norm Contestation in the ICC: The Afghanistan Investigation and American Opposition to Article 12(2)(a) Jurisdiction. In H. Krieger, & A. Liese (Eds.), Tracing Value Change in the International Legal Order: Perspectives from Legal and Political Science (pp. 191-210). Oxford: Oxford University Press. doi:10.1093/oso/9780192855831.003.0011.

Cite as: https://hdl.handle.net/21.11116/0000-000F-A36F-D

Abstract

Chapter 11 by Malcolm Jorgensen assesses the effect of various contestations of the norms of legal accountability and anti-impunity for which the ICC is the focal institution. Jorgensen focuses on the more recent contestations by the United States, notably its opposition to ICC jurisdiction over nationals of non-parties in the Afghanistan investigation. He identifies foreign policy preferences of the US as a primary driver of change in the accountability value. He examines alternative conceptions of the relationship between sovereignty and accountability in the global legal order, which continue to be structured by competing ideological beliefs, between American policymakers and global counterparts and among American policymakers themselves. Overall, he identifies possible signs that value change is already underway concerning the ICC and the value of accountability.