Take 'em with a hefty dose of salt, and suggest your own in the comments.
If I were writing an Aff case, my first choice would have to be whether to go with the real ICC, or something like it. I've presented reasons for the former; however, the latter avoids some of the potential problems with the real ICC, described immediately below.
Thus, it's probably wise to have two Neg cases: one versus the "real ICC" aff, and one against the hypothetical. The real ICC can be attacked in many ways: loopholes, Security Council chicanery, lack of enforcement, lack of jury trials, etc. A hypothetical ICC presents even larger problems: a slippery slope to global tyranny, slippery conceptions of "crimes against humanity," uncertainty about jurisdiction or enforcement.
It's also extremely important to clearly define "crimes against humanity." If you haven't already done so, read this article. (Wikipedia, believe it or not, also has a decent summary.) I don't think the Neg should waste any time trying to minimize the badness of most crimes against humanity; as I mention above, it's more about their potential for prosecutorial abuse, either through slippery definitions or politically-motivated charges.
Many, if not most, Aff arguments I've seen involve the importance of protecting all human rights. It's a moral issue; after all, the resolution says "ought."
If I were running the Neg, I'd immediately place two burdens on the Affirmative:
1. To prove that nations have moral obligations. If they can't do this, we can't affirm, since "ought" is moral.In other words, why does any one nation have a duty to humanity as a whole? Don't let Affirmatives merely assert that since something is really, really bad, the US has an obligation to fight against it, etc. They have to warrant this.
2. To prove that the U.S. has obligations beyond the immediate good of its own citizens.
A Negative styled after hardline Political Realism would be a perfect way to take Burden #1 above. A Negative based on sovereignty (framed by the Lockean social contract) would be perfect to go with #2.
Another thing no Neg should let the Aff presume is the efficacy of the ICC, real or hypothetical. Aff's running the "real ICC," and Negs facing it, should consider Jack Goldsmith's "The Self-Defeating International Criminal Court," found in the Winter 2003 edition of the University of Chicago Law Review. Not only is the ICC ineffective, Goldsmith argues, but it threatens the effectiveness of current rights protection. A sampling:
The most salient class of human rights violators during the past century has been oppressive leaders who abuse their own people within national borders. Under the traveling dictator exception, the ICC does not touch this class of offenders, even if they travel abroad. Unless oppressive regimes ratify the ICC (something few are expected to do), the ICC simply fails to address the most serious human rights abuses.The only way to overcome the exception is through Security Council action, which means that "such a referral remains subject to the permanent member politics that so worried ICC supporters." Furthermore, the ICC lacks the resources to extricate a tyrant.