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An Essay On The International Criminal Court, With A Mark Of 18.75/20. Including Overview, History, Jurisdiction, Structure, Rights Of The Accused And Current Cases

1026 words - 4 pages

The International Criminal Court (ICC) was established on July 1 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes and the crime of aggression, but it cannot exercise jurisdiction over the crime of aggression, as the Rome Statute of the international criminal court stipulates that the ICC cannot exercise its jurisdiction over the crime of aggression until such time as the states parties agree on a definition of the crime and set out the conditions under which it may be prosecuted. The Rome Statute also States that the ICC can only prosecute crimes committed on or after the founding date. The Rome Statute is the treaty that established the court.Today there are 105 member states of the court, and 41 countries have signed but not ratified the Rome Statute. Countries which have signed but not ratified the statute are expected to refrain from "acts which would defeat the object and purpose" of the treaty. There are a few controversial countries which have not signed the statute including India, China and the United States. India and China have not yet joined the statute because of underlying issues such as it goes against the sovereignty of nation states, the war crimes jurisdiction covers internal as well as international conflicts affecting India due to its dispute with Pakistan over Kashmir. The United States has not signed the treaty citing that it denies fundamental American human rights, it is a political court without appeal, and there is an absence of jury trials, no right to a speedy trial, public trial or reasonable bail although these are all elements of the American military trials which have been used to try David Hicks and other Guantanamo Bay prisoners.>In 1948, following the Nuremberg and Tokyo Tribunals, the United Nations General Assembly recognised the need for a permanent international court to deal with atrocities associated with World War II. The International Law Commission drafted to statutes by the early 1950's at the request of the General Assembly but at the advent of the Cold War they were struck aside, as the idea of an international criminal court was politically unrealistic. In 1989 the idea was revived as the PM of Trinidad and Tobago, proposed the idea a permanent international court to deal with the illegal drug trade. While work began on a draft statute, the world established ad hoc (for the purpose) tribunals to try war crimes in the former Yugoslavia and Rwanda. The court was set up in July 1 2002 after the Rome Statute became a binding treaty on April 11 2002 and the official seat of the court is in The Hague, Netherlands, but its proceedings may take place anywhere and it is not to be confused with the International Court of Justice, which is the United Nations arm that settles disputes between nations.>The ICC has jurisdiction over 4 crimes they are genocide, crimes against humanity, war crimes and the crime of aggression. There is growing support to...

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