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The Effectiveness Of The International Criminal Court
The Effectiveness Of The International Criminal Court
The Effectiveness Of The International Criminal Court
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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 becoming a member state of the ICC and what precipitated the U.S. withdrawing its signature from the document that instituted the Court. Once this has been established, the arguments in favor of ICC membership will be developed by addressing and refuting these objections. Finally, this analysis will lead to proving how the United States becoming a member state will increase the effectiveness and integrity of the International Criminal Court.
One opposing standpoint to the union of the United States and the International Criminal Court is the concern of sovereignty. Those who support the United States’ decision to revoke its signature from the Rome Statute argue that by joining the ICC, America’s sovereignty would be threatened, for the country would be required to answer to a higher court. In accordance with this, many on the opposition believe it is necessary to create legislation that protects Americans from the ICC and allows the U.S. to retain its sovereignty. Consequently, the international community has expressed outrage in the United States’ actions to combat the International Criminal Court’s authority. As a world leader with one of the most sophisticated and respected judicial systems, these types of actions present the U.S. as appearing indifferent to the plight of human rights vi...
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...s in International Relations (New York: Longman).
Elsea, Jennifer (2006), “U.S. Policy Regarding the International Criminal Court,” in CRS Report for Congess (Washington D.C.; Library of Congress), 4.
Bogdan, Attila (2008), “The United States and the International Criminal Court: Avoiding Jurisdiction Through Bilateral Agreements in Reliance on Article 98,” International Criminal Law Review, 8(1-2), 5.
Barnett, Laura (2008), “The International Criminal Court: History and Role,” Library of Parliament, 2(11), 12.
Chicago Council on Global Affairs (2010), “Constrained Internationalism: Adapting to New Realities,” [http://www.amicc.org/docs/Chicago_Council_Global_Views_2010.pdf], accessed 9 April 2012.
American Non-Governmental Organizations Coalition for the International Criminal Court (2012), “US and ICC Info,” [http://www.amicc.org/info], accessed 9 April 2012.
There continues to be a growing debate to this day over the use of international law in the Supreme Court, and even though the case of Roper v. Simmons and Justice Kennedy, are nearly a decade old, they are both frequently
New York: Oxford University Press, 2005. Shiraev, Eric B., and Vladislav M. Zubok. International Relations. New York: Oxford University Press, 2014. Silver, Larry.
...es’ constitutions, the Inter-American Commission of Human Rights and the Inter-American Court of Human Rights, according to Wright, “pressed for the acceptance of its rulings in Argentine courts” (166). Not only international efforts, but also domestic efforts, to apply international jurisprudence to local courts were on the rise. For example, in 1995, CELS launched its “program for the application of international law to human right in local courts” based on the amendments to the Argentine constitution (Wright 166). Just as well, human rights lawyers pushed “courts to embrace the international principle that crimes against humanity cannot be amnestied” (Wright, 167). In sum, the International human rights lobby wanted each country to mold its human rights jurisprudence around the rulings of international human rights law, and domestic actors adopted the same goal.
Edkins, Jenny, and Maja Zehfuss. Global Politics: A New Introduction. 2nd ed. London: Routledge, 2009. Print.
Mearsheimer J. J. (2010). Structural Realism. International Relations Thoeries, Discipline and Diversity (Second Edition), p.77-94
Understanding the World ‘We’ Live in’, International Affairs, Vol. 80, No. I, (2004) pp. 75-87.
" Journal of International Affairs 52.2 (1999): 691. Academic Search Elite -. Web. The Web. The Web.
Frieden, Jeffry A., David A. Lake, and Kenneth A. Schultz. World Politics. New York: W.W. Norton &, 2013. Print.
Treaties are the highest source of international law besides jus cogens norms that have binding effect on the parties that ratify them.2 International human rights treaties rely on the “name and shame” mechanisms to pressure states to improve practices.3 However with “toothless” international human rights norms, moral coercion is not always effective. An empirical study conducted by Professor Oona Hathaway assessing the effect of human rights treaty ratification on human rights compliance, maintains in its findings that ratification of human rights treaties has little effect on state practices.4 States do not feel pressured to comply and change their practices, rather, signing treaties is “more likely to offset the pressure rather than augment it.”5 So, is it time to abandon human rights treaties and remit protection of human right to domestic institutions. Hathaway posits elsewhere that despite this treaties “remain an indispensable tool for the promotion of human rights.”6 Instead of getting rid of the treaty system, it is necessary to enhance the monitoring and enforcements mechanism to strengthen the human rights regime to ensure compliance.7 This article evaluates the extent to which international law serves as a useful tool for protection of human rights.
...th 2001). Roth argues that the concept of international jurisdiction is not a new idea but was exercised by the US government in the 1970 after an aircraft hijacking. Also the war crime courts established after the end of World War II exercised international jurisdiction. In fact the Geneva Convention states that is a person regardless of their nationality should be brought before the court of any state in which that person has committed grave breaches of law and convention. Roth states that the concept of international jurisdiction is not a new one but that only in recent years have states been willing to act on universal jurisdiction and go after criminals of the international community regardless of their stating or power within the international community. Roth believes in the ability and authority of international organizations and institutions (Roth 2001).
Mingst, K. (2011). Essentials of international relations. (5th ed., p. 70). New York, NY: W.W. Norton & Company.
“On November 21, 1947, the General Assembly of the United Nations adopted resolution 174 (II), establishing the International Law Commission and approving its statute.”[2] The International Law Commission encourages the development of international law and its codification. The Commission deals primarily with public international law, but also hears private cases as well.[3] International law is applied within an international community, such as the United Nations, and functions to define the proper norms or standards for members to abide by in a collective manner. Examples of such standards could be a ruling on The Universal Declaration of Human Rights or on threats to peace within the International Community.
...., Raič, and Thuránszky J., The International Court of Justice: its future role after fifty
Von Galhn and Taulbee. 2013. Law Among Nations. An Introduction to Public International Law. Pearson Education.
Baylis, Smith and Patricia Owens. 2014. The 'Standard' of the 'Standard'. The globalization of world politics: An introduction to international relations. London.