A Reputation of Non-Ratification: United States’ Ratification of the ICCPR

Abstract

The history of the United States’ involvement in international reveals a disproportionate timeline between signing and ratification. Notably, the International Covenant on Civil and Political Rights (ICCPR), one of the binding twin covenants enacting the goals of the non-binding Universal Declaration of Human Rights (UDHR), features a 15-year delay following signing before ratification by the U.S. The agreement was viewed as inherently Western, and the United States took leadership during negotiations, becoming the primary promoter of the drafting process. Yet, domestic support for the agreement was seemingly inconsistent with its leading role, identifiable by the delay. The following analysis will evaluate the rationales—legal, institutional, and political—for the delay in the United States’ ratification of the ICCPR. It will then explore catalysts in the international sphere that incited the eventual ratification. Through close readings of Senate hearings, drafts of UN negotiation documents, and analysis of theoretical frameworks by which the United States’ system ratifies international agreements, the following synthesis is a variety of primary and secondary sources which explain the delay in ratification. The study reveals that the United States’ reputation of non-ratification has implications for its international credibility, affecting its ability to shape global politics. The ICCPR is used as a case that elucidates the United States’ rationale for ratifying, or neglecting to ratify, other international agreements; thus, this analysis will address the influence of international politics on domestic participation.