review the Administration can identify any obstacles to joining the Convention and develop a plan to overcome them as soon as possible." With respect to cluster munitions, a particularly devastating type of bomb that has killed and maimed thousands of civilians, the Convention on Cluster Munitions was adopted in May 2008. It currently has 108 signatories and has been ratified by 50 states, but not by the U.S. Those that do not support the treaty—including Russia, China, Israel, India, and Pakistan— are all major cluster bomb producers or users. Though the convention entered into force in August 2010, the Obama Administration has not reviewed U.S. policy on cluster munitions or the convention.
International Criminal Court The Rome Statute, which went into force in 2002, established the International Criminal Court, a judicial body based in The Hague, Netherlands and tasked with trying crimes against humanity, genocide, and war crimes. One hundred and fourteen countries—including nearly all of Europe—are party to the Rome Statute, and an additional 34 countries have signed but not ratified the agreement. The Court is not a UN body and differs from the UN International Court of Justice, which negotiates disputes between states. The Clinton Administration originally signed the Rome Statute, but opted not to present it to the Senate for ratification. The Bush Administration then “unsigned” the treaty, relieving the U.S. of any legal obligations to the court. Opponents in the U.S. fear that countries could use the ICC to prosecute American armed forces abroad, even though the Rome Statue contains provisions that would ensure this would not occur. In 2006, the Bush Administration abstained on a Security Council vote referring Sudan to the ICC, which allowed the referral to pass and broke with long-standing U.S. policy of vetoing resolutions involving the ICC. Since then, the U.S. has supported the ICC’s efforts in Sudan, even promising to veto any attempt to suspend ICC jurisdiction there. Since 2009, the Obama Administration has been positively engaged with the Court, but it has not adopted an official policy, instead opting to consider on a case by case basis the various issues relating to the court. A U.S. delegation did attend the 2010 ICC Review Conference and, in contrast with the previous administration, took part in the Assembly of State Parties, which allows the U.S. to exercise our observer status, participating in important and timely discussions (but not decisions).
Actions Taken during 111th Congress The following is a list of actions taken by the U.S. government on key international agreements: •
The U.S. joined consensus resolutions in the General Assembly on the Right to Food, the Rights of the Child, and the Convention on the Elimination of All Forms of Discrimination Against Women. The Obama Administration also reversed U.S. policy on the non-binding Declaration on the Rights of Indigenous Peoples resolution which it had voted against since the General Assembly adopted it in 2007; the announcement of 44