ABSTRACT
This chapter interrogates two pronged issues. First, an assessment of the court’s performance and its survival prospects. Second, the problematic relationship with the U.S. The performance metrics used are twofold: legal and non-legal. On the legal metrics, using data and case situations, the court performed above average but in combination with the non-legal metrics, this lowered to below average. The non-legal metrics discussed the perception of justice, how funding shape staffing, the appointment and conduct of judges, the utility of regional courts, geopolitics, and national interests. It concludes that unless these issues are resolved it will continue to undermine the relevance of the court. On the frosty relationship with the U.S. this was traced to the litany of concerns expressed at the Rome conference. The prospect of the U.S. signing and/or ratifying the Statute are dim and despite occasional rapprochement it has never gone beyond “engagement at the margins” regardless of political party affiliation or presidents.
