REALISM UNVEILED: U.S. SOVEREIGNTY IN THE FACE OF INTERNATIONAL JUSTICE

Authors: Marianne Danielle Yates

Published: March 2024

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Abstract

<p>This study delves into the intersection of liberal and realist theories in the context of historical international relations, focusing on the evolution of international cooperative efforts to codify and enforce laws aimed at protecting civilization from aberrant acts by nations, organizations, or individuals. A central case study involves the establishment of the International Criminal Court (ICC) and the dynamics of state participation, with a particular emphasis on the United States' refusal to ratify the Rome Statute.</p> <p>The examination of historical instances such as the Geneva Conventions, the Nuremberg Trials, the International Criminal Tribunals on Yugoslavia and Rwanda, and the Special Court for Sierra Leone provides a backdrop to understand the development of international laws. Liberal theory emerges as a valuable lens for comprehending the structural aspects of international law, especially in the context of cooperative efforts exemplified by the aforementioned institutions.</p> <p>However, the motivation behind state participation in these endeavors is more aptly explained by realist theory, specifically political realism. States, as individual actors, navigate their involvement based on self-interest, challenging the idealistic notion of universal compliance with international law. The American decision not to fully participate in the ICC, in line with classical realist theory, serves as a prime example. Realism posits that states engage with international law when it aligns with their national interests, with a preference for a "self-help" approach rather than reliance on supranational institutions.</p> <p>This research contributes to the ongoing discourse on the coexistence of liberal and realist paradigms in the realm of international relations. It underscores the nuanced interplay between structural frameworks and state motivations within the context of international law, shedding light on the complexities inherent in achieving global governance through cooperative mechanisms</p>

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