United States Accept/Reject International Criminal essay

Download this essay in word format (.doc)

Note: Sample below may appear distorted but all corresponding word document files contain proper formatting

Excerpt from essay:

"..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.



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[continue]

Cite This Essay:

"United States Accept Reject International Criminal" (2008, October 29) Retrieved December 4, 2016, from http://www.paperdue.com/essay/united-states-accept-reject-international-27197

"United States Accept Reject International Criminal" 29 October 2008. Web.4 December. 2016. <http://www.paperdue.com/essay/united-states-accept-reject-international-27197>

"United States Accept Reject International Criminal", 29 October 2008, Accessed.4 December. 2016, http://www.paperdue.com/essay/united-states-accept-reject-international-27197

Other Documents Pertaining To This Topic

  • What Led to the US Entry to World War 1

    United States entry into world war. Taking nations from more than half the globe as partakers and victims, the first war broke out, 1914-1918, and that is known as World War 1 or the First World War. Until the World War II broke out, it was widely known as the war which had broken out which had the capacity to put an end to all wars, and commonly it was

  • Catholic Church in Spain and the United States

    Catholic Church in Spain and the United States The Catholic Church has been a very significant religious and political institution in the Europe. Its origins can be traced to a thousand years when Christianity was itself in its infancy. It was a symbol of colossal authority and was much regarded as an institution that was as similar to the installed governmental mechanism of any nation state. Its power and influence spread

  • International Business Country a

    The UAE has one of the most open economies in the world. And its vigorous economic partnership with the United States reflects the UAE's function as a regional leader in terms of economic restructuring, openness to international trade and investment, and political stability (UAE-U.S. Economic Relationship, 2011) The volume of U.S. exports and foreign direct investment into the UAE in recent years has grown considerably and is likely to continue

  • Criminal Justice Forensics Undercover Is a

    However, as criminals become more aware of undercover tactics, the covert officer is required to provide more and more proof that he is indeed a criminal- which leads to the officer committing acts that compromise his or her integrity for the sake of maintaining cover. By understanding the often conflicting nature of these goals, deception and integrity, we can see how an undercover officer can become confused, lost, and

  • Criminal Justice Corrections the Objective

    " (Elsea, 2005) It was stated at the time that it would appear that "…that federal courts will play a role in determining whether the military commissions, established pursuant to President Bush's Military Order (M.O.) of November 13, 2001, are valid under U.S. constitutional and statutory law, and possibly under international law." (Elsea, 2005) It is reported that in June 2008, and in the case of Boumediene v. Bush that

  • International Protection of Human Rights

    UK Immigration Act of 1971 and Its Enforcement with Respect to Administrative Removal/Deportation when Articles 3 and 8 of European Convention of Human Rights are Engaged Following the terrorist attacks of September 11, 2001, many observers stated that "nothing would ever be the same again" and in some ways they have been absolutely correct. While the United Kingdom continues its inexorable march to become fully integrated into the burgeoning European

  • Undocumented Students Equity to In State Tuition Reducing

    Undocumented Students Equity to in-State Tuition: Reducing The Barriers There exist policy ambiguities and variations at federal, state, and institutional levels related to undocumented student access to and success in higher education and this has created problems for these students. This study investigated specific policies and procedures to provide the resources and capital to assist undocumented students as well as reviewed key elements of showing the correlation of these difficulties with ethnic

Read Full Essay
Copyright 2016 . All Rights Reserved