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Conclusion

IDP settlement in South Galkayo, Somalia with armed police, by IRIN Photos

This discussion reveals that an array of U.S. interests intersects with the Court’s activities. To be sure, developments in the Afghanistan and Palestine situations loom large in the recent responses of some policymakers and figured prominently in the Task Force’s discussions. However, our consultations also highlighted that these are not the only U.S. interests implicated by the ICC and its activities, particularly given that the United States has over the years been broadly supportive of accountability in most of the other situation countries in which the ICC is involved. In addition, the U.S. relationship with the ICC does not exist in a vacuum. It is inevitably influenced by, and is a part of, the broader U.S. approach to working with, and within, international institutions. For the incoming Administration, this suggests that it will need to find a way forward that fits with, and contributes to, its more general approach to multilateralism, which by all accounts is intended to be based on a willingness to engage constructively on global challenges (including contentious issues), be respectful of the reasonable views of allies and friends, and place significant emphasis on advancing accountability, human rights, and rule of law. Any assessment of the options for pragmatic engagement by the United States with the ICC must thus take into account, and balance, a broad range of important interests.