United States Accept/Reject International Criminal Thesis

  • Length: 6 pages
  • Sources: 12
  • Subject: Business - Law
  • Type: Thesis
  • Paper: #34035114

Excerpt from Thesis :

"..three asymmetric methods that could be used to exploit the Court: (1) misusing the Court's investigative processes, (2) filing questionable or fraudulent complaints, and (3) manipulating mass media (Austin, W. Chadwick, Kolenc and Anthony Barone, 2006, p. 291)."

Finally, the issue of how the court might deal with the problem of international terrorism is not well understood (Yarnold, Barbara, 1991). The court's authority to extradite and prosecute terrorists from third world countries needs to be better defined Yarnold, p. 1). The United States has not signed on to the Rome Statute, and understanding the U.S. role of protecting its own, should the U.S. continue to reject

The Rome Statute is becoming clouded by the strength and power of the international community and courts (Dietz, Jeffrey, 2004, p. 137). Under the powers of the ICC, any American prosecuted in the court would be denied the protections guaranteed Americans under the Bill of Rights to the Constitution of the United States (Dietz, p. 137).

Exemption from the International Criminal Court

Since the original 60 countries that endorsed the Rome Statute, another 34, the Congo being the most recent one, have endorsed the statute (Dietz, p. 137). The move towards endorsing the ICC seems one consistent with the idea of an emerging world community. There continue to be problems with the idea of an emerging world community, because, as much as the industrial nations would like to see that vision fulfilled, the model for the world community, the European Union, has failed to resolve issues that continue to prevent a full ratification of the European Union under the single auspices of the EU. The only successful union that represents the concept of the world community that has succeeded is the United Arab Emirates (Peck, Malcolmn, 1986, p. 1). This success story is not the appropriate model as envisioned by the world, because it is a model of a union of seven nation-states successfully coming together in a united way, but it is under Islamic governance, and that does not serve as the model per se for the world community. Islam is the driving force behind every aspect of Muslim life (Kelly, Marjorie, 1984). As such, it is Islam that enables the seven nation-states of the AUE to successfully come together, because they have the shared cultural beliefs. It is akin to seven individual states within the United States that are successfully inclusive of the United States because they have in common the U.S. Constitution.

If, however, the world is looking to the ICC to help prevent further occurrences of genocide, crimes against humanity, aggression, and war crimes, then that hope is perhaps lost when nations that are not signed on to the Rome Statute, including the United States, reject the Statute, and stand on their sovereignty. The ICC has no force, other than its statute authority, to force extradition, or to be able to prosecute a citizen of a non-signed nation.

If the world community is looking to the ICC to serve as peace keeping force, or deterrent to the four elements its Rome Statute instills in its authority; then the ICC must look to the International Court of Justice (ICJ) for its legal guidance at this point (Lissitzyn, Oliver, J., 1951, p. 25). The ICJ the body wherein lie the precedents that the ICC would need to conduct its judicial functions.

Right now, the ICC as an international body of justice is in too precarious of a position. It is not recognized by all the countries of the world, and its role as prosecutor of terrorism has not been successfully tested. It is not unreasonable to consider that Americans would want to see some measure of success in prosecuting terrorists who pose a threat to western nations before the American public could begin to develop a comfort level with the idea of surrendering their American guarantees under the Bill of Rights to the ICC with respect to the four elements the ICC is empowered to prosecute.

References

http://www.questia.com/PM.qst?a=o&d=108538094

Aksar, Y. (2004). Implementing International Humanitarian Law: From the AD Hoc Tribunals to a Permanent International Criminal Court. London: F. Cass. Retrieved October 29, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=108538096

Austin, W.C., & Kolenc, a.B. (2006). Who's Afraid of the Big Bad Wolf? The International Criminal Court as a Weapon of Asymmetric Warfare. Vanderbilt Journal of Transnational Law, 39(2), 291+. Retrieved October 29, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=5016812758

Danner, a.M. (2003). Navigating Law and Politics: The Prosecutor of the International Criminal Court and the Independent Counsel. Stanford Law Review, 55(5), 1633+. Retrieved October 29, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=5002006263

Dietz, J.S. (2004). Protecting the Protectors: Can the United States Successfully Exempt U.S. Persons from the International Criminal Court with U.S. Article 98 Agreements?. Houston Journal of International Law, 27(1), 137+. Retrieved October 29, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=5008215387

Kelly, M. (Ed.). (1984). Islam: The Religious and Political Life of a World Community. New York: Praeger. Retrieved October 29, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=106973184

Lissitzyn, O.J. (1951). The International Court of Justice: Its Role in the Maintenance of International Peace and Security. New York: Carnegie Endowment for International Peace. Retrieved October 29, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=7967006

Mcnerney, P. (2001). The International Criminal Court: Issues for Consideration by the United States Senate. Law and Contemporary Problems, 64(1), 181. Retrieved October 29, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=5001001252

Peck, M.C. (1986). A Venture in Unity. Boulder, CO: Westview Press. Retrieved October 29, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=98524212

Yarnold, B.M. (1991). International Fugitives: A New Role for the International Court of Justice. New York: Praeger Publishers. Retrieved October 29, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=15312088

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