This website uses cookies to ensure you have the best experience. Learn more

The Effects Of The Purposed International Criminal Court

1318 words - 5 pages

The Effects of the Purposed International Criminal Court

The United States of America guarantees its citizens protection against punishment from foreign nations. As Americans, we are lucky in that the Constitution of this great state has a number of measures provided for its citizen's safety. Being one of the most sovereign nations, meaning we are politically independent from any other nation in the world, our government goes through drastic measures when the rights of one of its citizens is being threatened by a foreign power. On that same note different end of the spectrum the U.S. sees it necessary to "police" the rest of the world, most of the time with out regard to foreign citizen's rights. Which is why former President Bill Clinton's signing of the purposed International Criminal Court treaty came as a surprise to the rest of the U.S. congress.
On July seventeenth 1998 in Rome, 160 nations decided to establish a permanent Inter-national Criminal Court to try individuals for the most serious offences of global concern, such as genocide, war crimes and crimes against humanity. Many feel the agreement is no less important than the adoption of the United Nations Charter itself and it was hailed by United Nations Secretary-General Kofi Annan as "a giant step forward in the march towards universal human rights and the rule of law." The ICC would be empowered to investigate, try, and punish certain crimes, such as war crimes and the previously mentioned crimes against humanity. Currently, states, which are political actors that retain a defined territory, population and international sovereignty, have primary responsibility for prosecuting these crimes. In exceptional cases, they have been addressed through ad hoc tribunals set up by the United Nations (UN) Security Council. Ad hoc tribunals are set up for specific crimes and given prescribed authority, which prevents them from expanding their original mandate. The ICC, by contrast, would have greater authority and powers to investigate and prosecute suspected crimes. This unprecedented power could profoundly affect the rights guaranteed every American by the U.S. Constitution and threaten the ability of the United States to engage in military action to protect its national security interests.
The key actors in the purposed International Criminal Court would consist of a large coalition of NGOs that have been involved since 1995 in the process of establishing the Court. They developed close working relations with delegations, organized briefings for the Conference participants and published pamphlets, reports and papers on various topics of special interest. They provided a substantive contribution to the work of the Conference and a momentum to its successful negotiations. It is expected that many will be active in the campaign to get the Statute ratified by as many States as possible.
The ICC can be best evaluated on a system-level of analysis, which is an analytical approach that...

Find Another Essay On The Effects of the Purposed International Criminal Court

The United States and the International Criminal Court (ICC)

4664 words - 19 pages The United States and the International Criminal Court (ICC) Statement of Purpose This paper will clearly lay out the Unites States concerns with the International Criminal Court and will attempt to resolve them. I will then argue that no country has the right to be above international law, including the United States and that it is in the best interest of America and the world community for the united states to join the efforts of the ICC

The International Criminal Court (ICC) and the Protection of Human Rights in Africa

1589 words - 6 pages 2 Introduction This essay will discuss the successes and challenges faced by the International Criminal Court (ICC) in prosecuting human rights violations cases in Africa. The ICC has been recently put under the spotlight by the African Union when it called for non-cooperation by its member states not to comply with the warrant of arrests that had been issued by the ICC against some of the leaders in Africa. This has created difficulties when

Subject: Negotiations Title: The US Opposition to the Establishment of International Criminal Court

2345 words - 9 pages IntroductionThe International Criminal Court is the very important institution, which should become the mean of struggling with such crimes as genocide, war crimes and crimes against humanity, and many countries supported that idea, but the US took position against it. The aim of this paper is the application of several concepts from the course of the negotiation to the situation with the establishment of the International Criminal Court and the

International Criminal Court

1779 words - 7 pages International Criminal Court Allegations of war crimes, genocide, and crimes against humanity have undoubtedly received unprecedented press coverage in recent years – more than at any time since Nuremberg. This is not because the incidences of such barbarities have increased, but simply because those crimes are brought to us more rapidly these days by the electronic media. Since the early 1990’s the international

International Criminal Court

3688 words - 15 pages The International Criminal Court (ICC) is a relatively new organization; only just a decade old and it has seen a great deal of hardships and success. Since the creation of ICC it has seen a vast deal of criticisms that “[range] from concerns about racism and neocolonialism” and so forth. Not only has it encountered criticisms, but as well, people have questioned the usefulness of this organization? In truth, is it necessary to question the

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

RE: INTERNATIONAL CRIMINAL COURT PROCEEDING TOWARDS ABDULLAH AL-SENUSSI AND SAIF AL-ISLAM GADDAFI PROSECUTION

983 words - 4 pages the judicial process and determine the punishment of the alleged criminals. On the other hand, the United Nations would guarantee that crimes of murder and persecution will not remain in impunity, which is the milestone of the creation of the International Criminal Court. RECOMMENDATIONS The first option would be the most preferable since it would enhance Libyan citizens confidence in their judicial system but the possibility to fall in an unfair

Certiorari to the Court of Criminal Appeals of Texas

3619 words - 15 pages Smith v. Texas CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS Mark Anthony Bolden Jr. 2nd Period I Introduction LaRoyce Lathair Smith was convicted of capital murder and after some time being in court he was sentenced to death by a jury in Dallas County, Texas (Kennedy). This case deals with whether or not the death penalty should be nullified due to the jury’s improper instruction, how weak the two special issues are in

UN Security Council and the International Court of Justice

1396 words - 6 pages Court have endorsed the view that one of the purposes, if not the primary purpose, of the Court is the securing of international peace . Another problem concerning international peace and security is the ‘Crimes of Aggression’. Although, the major power in this respect is given to the International Criminal Court and the Security Council, yet referrals regarding settlement of such disputes may be made to the International Court of Justice . This

Criminal Procedure and the Court System

1056 words - 5 pages The idea of having a criminal law, procedure and a proper court system has been a concern and must in the United States since it was first founded. This concept is always under consistent speculation and undergoes changes almost every year. One of the most influential pieces included into the procedure of criminal law and the court system is the Bill of Rights. The Bill of Rights was created by the representatives of America to not only

Essay regarding the public's Misperception of the criminal court system and due process of the law

1916 words - 8 pages individual with a crime. Unfortunately, when you make it easier to prove guilt, then it becomes harder to establish innocence. (Overview of Criminal Procedure) The public may perceive that the ends justify the means and that the criminal procedure as it is written today may violate or deprive an individual of the constitutional rights. An example of one court case; U.S. vs. Dunnock, 295 f.3d 431 (4th Cir. 2002) Defendant, "by virtue of the fact he

Similar Essays

The Effectiveness Of The International Criminal Court

2978 words - 12 pages There is a close relationship between human rights and criminal law. The scope of my paper will surround human rights and the International Criminal Court (ICC) in addition to human rights and international crimes. International criminal justice in this context speaks to those interested in prosecuting against the background of international human rights and humanitarian norms. The use of criminal law has many positive effects and pursues many

Overview Of The International Criminal Court

2602 words - 10 pages Introduction The International Criminal Court (ICC) is the permanent court made for the main purpose of dealing with criminal acts committed by individuals amongst a state in a bit to tamper with the territorial integrity of the state. The ICC has prosecuted altogether … cases; of which are war crimes, - are crimes against humanity, - concern crimes of aggression and – (few) were prosecuted for genocide. Dividing the essay into the four main

The United States Lends Credibility To The International Criminal Court

1683 words - 7 pages The International Criminal Court (ICC), created in 1998 (Thayer and Ibryamova 2010), is responsible for investigating and prosecuting the most extreme cases, including crimes against humanity, aggressive crimes, war crimes, and genocide. The credibility of this institution, however, has been compromised due to the United States revocation of support and membership. Initially it is important to recognize the arguments against the United States

The United States Lends Credibility To The International Criminal Court

1607 words - 6 pages The International Criminal Court (ICC), created in 1998 (Thayer and Ibryamova 2010), is responsible for investigating and prosecuting the most extreme cases, including crimes against humanity, aggressive crimes, war crimes, and genocide. The credibility of this institution, however, has been compromised due to the United States revocation of support and membership. Initially it is important to recognize the arguments against the United States