The United States and the International Criminal Court”
In 1998, the nations of the world agreed to create the first permanent treaty based, governed by the Rome Statue called the International Criminal Court (ICC). The ICC was established to hold accountable and bring to justice persons responsible for genocide, war of crimes and other violations of the international humanitarian law (Casey & Rivkin, 1999). The ICC was set up to try those accused of the gravest crimes and is considered the Court of the last resort (Casey & Rivkin, 1999). It was set up not to intervene with a case that is investigated or prosecuted by a national judicial system unless the national proceedings were not genuine (Casey & Rivkin, 1999). Leaving up to the Court to decide if the proceedings were genuine or not? However, the Rome Statue provided that the ICC may under certain circumstances exercise criminal jurisdiction over nationals of States not party to the Rome Statue (Casey & Rivkin, 1999).
It is well known that the Constitution of the United States of America stands for freedom and that the United States itself represents dominance in world affairs. While the United States supports accountability for ones’ action, the ICCs’ jurisdiction over nationals of non-Party States has been a persistent U.S. concern (Akande, 2003). So when the U.S. from the beginning opposed the ICC, many people were surprised and disappointed (Casey & Rivkin, 1999).
In 1998, upon entering the negotiations of the Rome Conference the United States had several important objectives and by the end of these negotiations they had achieved many of them (Casey & Rivkin, 1999). For example placing constraints on the prosecutor and strengthening the application that the Court is a court of last resort.
However, the U.S. was less successful with... [continues]
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