ICC and America Over the past few years, the International Criminal Court (ICC or “the Court”) has been igniting controversy the world over. As more countries rallied behind it, more objections have been made, particularly from Americans, regarding what many view as fundamental flaws. I have chosen two papers to compare and contrast the different viewpoints taken by the authors when reflecting upon America’s involvement with the ICC. One calls for total rejection of the ICC, the other weighs the risks and benefits and calls for revision but acceptance. The first article, entitled “National Constitutional Compatibility and the International Criminal Court”, is written by Helen Duffy and published in the Duke Journal of Comparative and International Law. The second article, entitled “Reasonable Doubt: The Case against the Proposed International Criminal Court”, is written by Gary T. Dempsey and published online at the Cato Institute website. Duffy’s article was published late in 2001, a contrast to Dempsey’s article which was published in 1998, just one day prior to the International Rome conference on July 17th that resulted in the establishment of the ICC. Many of the incongruencies in the ICC treaty that troubled Americans three years ago have yet to be brought into balance with American values. These two papers give similar, although at times slightly different, viewpoints on the issue. Dempsey criticizes the ICC before it has even been birthed into existence. “Specifically, the court threatens to diminish America’s sovereignty, produce arbitrary and highly politicized ‘justice,’ and grow into a jurisdictional leviathan.” He expresses his lack of faith in the Court’s ability to complement national governments and their respective judicial systems while refraining from infringing upon their sovereignty. He is explicitly clear in his position, stating in his paper that, “For those and other reasons, the U.S. Senate and U.S. House of Representatives should have sufficient grounds to…refuse to ratify and to fund the International Criminal Court.” Duffy brings the issue up, adding pertinent information concerning other government’s constitutions and how some other nations have gone so far as to amend their own constitution to accommodate their acceptance of the ICC’s regulations. “A small number ... ... middle of paper ... ...ntradiction of terms. If the Court finds it unsatisfactory, doesn’t that imply that the Court already believes the authorities are not doing justice? How much “convincing” would they need? Duffy again points out the need for revision in the treaty. Both papers share a similar overview from remarkably different viewpoints. Many of the somewhat extremist views that Dempsey takes are tempered through Duffy’s call for consideration and revision. As the ICC moves forward with the trial of Slobodan Milosevic and others to come, it is important to cooperate harmoniously with the rest of the world’s nations, seeking justice and guidance. At the same time, we must not lose sight of those rights and responsibilities that make us one of the greatest nations on earth. Works Cited “National Constitutional Compatibility and the International Criminal Court.” Duke Journal of Comparative and International Law. Helen Duffy. 2001. http://www.law.duke.edu/shell/cite.pl?11+Duke+J.+Comp.+&+Int'l+L.+5 “Reasonable Doubt: The Case against the Proposed International Criminal Court.” Gary T. Dempsey. 16 July. 1998. http://www.cato.org/pubs/pas/pa-311.html
Bernini’s “David” is 5 foot, 7 inches tall and was made in the year 1623. It is from the Baroque period, a time of discovery, exploration and increased trade. Bernini’s “David” is a three-dimensional sculpture that gives the viewer the ability to relate the image with one’s body and not only in one’s mind. Bernini wanted to show the intensity and dramatic tension in the hero David as he prepares to cast the stone from the sling. In contrast to the intensity of Bernini’s David, Michelangelo’s “David” looks much more contemplative, statuesque and less “life-like” than Bernini’s. This marble sculpture, unlike Michelang...
...an, Payam. "Are International Criminal Tribunals a Disincentive to Peace?: Reconciling Judicial Romanticism with Political Realism." Human Rights Quarterly 31 (2009): 624-54.
Andreas F Lowenfield, “Looking Back and Looking Ahead,” The American Journal of International Law, Vol. 83, No. 2, April 1989, p. 336-341.
Hoare, Marko A. "Bosnia-Herzegovina and International Justice: Past Failures and Future Solutions." East European Politics and Societies 24.191 (2010). SAGE Journals Online. Web. 18 Apr. 2011.
Howard Gardner’s theory contains eight main multiple intelligence. As the years have progressed there have taken one out and is left with the main seven. These seven are: Linguistic, Mathematical, Spatial, bodily, Musical, Interpersonal, and Intrapersonal. These are found in everyone; however, each person will excel in one or two. Once teachers can determine what intelligence the students will exceed on and teach to their strengths the student will learn much more.
For the concept of intelligence, Robert Sternberg’s “Triarchic Theory of Successful Intelligence” and Gardner’s “Theory of Multiple Intelligences” were focused on for this particular self-assessment. Sternberg’s theory of intelligence divides total intelligence into analytic, creative and practical components (Woolfolk 117). According to Sternberg, analytical intelligence involves “the mental processes of the individual that lead to more or less intelligent behavior”, creative intelligence involves “coping with new experiences”, and practical intelligence involves emphasizing “the importance of choosing an environment in which you can succeed, adapting to that environment, and reshaping it if necessary” (Woolfolk 118).
According to Article 38 of the 1946 Statute of the International Court of Justice, the Court shall apply “international custom, as evidence of a general practice accepted as law” in its decisions (Kritsiotis 123). In other words, the International Court of Justice cites customs as a formal source of law. According to Roberto Unger, author of Law in a Modern Society, customary international law is best defined as “any recurring mode of interaction among individuals and groups, together with the more or less explicit acknowledgement of these groups and individuals that such patterns of interaction produce reciprocal expectations of conduct that out to be satisfied (Shaw 72-73). In other words, customary international laws are primarily concerned with how and why sates behave in a particular manner. Customs derive from the behavior of states (state practice) and the subconscious belief that a behavior is inherently legal (opinio juris). Evidence of state behavior is documented in the decisions of domestic courts, international courts, and international organizations. Unlike treaty law, customary laws are binding on all states. Additionally, if a treaty derives from a custom it is also binding on all states. Some of the international court cases that have been instrumental in the development of customary international law include the Nicaragua v. United States case, the Anglo-Norwegian Fisheries case, the Scotia case, the Asylum case, the Paquete Habana case, and the Lotus case.
At the time of the Renaissance, there was a great fascination with the human body. Michelangelo “sought after finding the ideal human form from his entire life” (historyand humanities). Michelangelo began his sculpture of David at the begging of the 16th century, where as Bernini’s came more than a century later. In Michelangelo’s version, the body of David is unrealistic. It shows the male form at the highest level of greatness, it appears almost “god-like”. Another interesting aspect of Michealangelo’s David is that the texture is more lustrous and has a greater flesh-like appearance. While Bernini focused more on telling a story with his sculpture, David designed his as a vessel for illustrating his version of the perfect human form.
The creation of the International Criminal Court (ICC) was not the first attempt to create an international court. The first international trial can be traced back to 1474 when a war crime was tried by the Holy Roman Empire. In this case, a man named P...
According to Howard Gardner’s theory we need to embrace each child’s individuality in the way he/she learns. He believes that as we learn how to better meet individual children’s needs in a classroom setting, children will do better in school. Instead of putting every child in the same mold, the theory of multiple intelligences says that there are nine intelligences that everyone possesses in different degrees of strength. Each intelligence is a way people learn.
The International Criminal Court (ICC) was established by the Treaty of Rome in 1998 and commenced operations in 2002. The significance of the ICC is that it is a permanent international court dealing with individuals who perpetrate international crimes such as war crimes. It can impose penalties ranging from fines to imprisonment. Not all nations have become signatories to the treaty of Rome nor do they consent to the jurisdiction of the ICC, most notably the United States. Accordingly, as it does not have universal jurisdiction and cannot compel extradition, the ICC must rely on the support of signatory nat...
Tanzi, Attila., Problems of Enforcement of Decisions of the International Court of Justice and the Law of the United Nations, EJIL, 6, (1995) 539-572.
According to this theory, Gardner believed people have multiple different ways of thinking and learning. He has identified and described nine different kinds of intelligence. The first is visual-spatial intelligence, which is the enjoyment of and facility with images, drawing, construction games and tactile puzzles. The second is linguistic-verbal intelligence, which involves sensitivity to spoken and written language, the ability to learn languages, and the capacity to use language to accomplish certain goals. The third is mathematical intelligence, which consists of the capacity to analyze problems logically, carry out mathematical operations, and investigate issues scientifically. The fourth is kinesthetic learning, which is the enjoyment of and facility with activities that involve touch and movement, dance, sport and other practical activities. The fifth is musical intelligence, which involves skill in the performance, composition, and appreciation of musical patterns. The sixth is interpersonal intelligence, which is concerned with the capacity to understand the intentions, motivations and desires of other people. The seventh is intrapersonal intelligence, which entails the capacity to understand oneself, to appreciate one’s feelings, fears and motivations. The eight is naturalistic intelligence, which is the enjoyment of and facility with the natural world, with ability in recognizing patterns and classification. The ninth is existential intelligence, which is the enjoyment of and facility with asking and examining questions about life, death and ultimate
From this research Gardner’s multiple intelligence therapy was created. The multiple intelligence theory is based on the belief that everyone succeeds in at least one of the eight types intelligence, linguistic, mathematical, musical, bodily-kinesthetic, spatial, interpersonal, intrapersonal and naturalist. Each intelligence different from the other, however one person can strive at multiple intelligences or simply strive at one intelligence. Once Gardner released his book “frame of minds” in 1983 (Gardner’s multiple intelligence) the educational outlook on student’s success started to transform. With a new understanding that each student is different educationally then it became clear that students obtain education differently as well, the modern day class room transformed to fit each
Our world today is filled with awful crimes that interfere with societies happiness and well being each and everyday. Different countries struggle with severe crimes that put their fellow citizens and cities in danger each and everyday. Some people question how to deal with such terrible inhuman acts toward people and societies each and everyday. In order to keep the world in tacked and a safe place against such crimes the International Criminal Court was first talked about in the 1970s, but became ratified to begin pursuing cases in July of 2002. The International Criminal Court is designed to prosecute, and bring to justice those responsible for the worst crimes, including genocide, crimes against humanity, and war crimes, committed anywhere in the world (Hebel, n.d.) The ICC an independent international organization with 122 members, separate from the United Nations system (“Q&A: International criminal court,” 2011). It is the court of last resort, based out of Hague, Netherlands, and is only used when national authorities cannot or will not prosecute. The uniqueness of its purpose, structure, jurisdiction, and significance make its understanding essential to those studying public justice.