International Criminal Court

Running head : INTERNATIONAL CRIMINAL COURT

International Criminal Court

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ICC

According to William A (Introduction to the International Criminal Court , 2004 , the International Criminal Court (ICC ) is an independent permanent court that tries people accused of committing serious crimes against humanity . It tries people who are accused of committing genocide or involved in war crimes . It is a court that exists not to override the responsibilities and duties of the national judicial systems but rather it acts as a last alternative to

try people accused of committing serious and heinous crimes . It can also be used in hearing cases and passing enforceable judgments should it be noted that trials involving serious crimes in the member states are being handled in a lacklustre manner and fairness is not being exercised

The I .C .C was established in July 1998 in Rome by a treaty signed and ratified by 104 countries . They treaty is not universally binding but rather only those states which formally express their consent are bound by its provisions (International Criminal Court , n .d . Since its inception it has opened investigations in a number of countries in Africa : Uganda , Central African Republic , Darfur and also in Congo Although its trials may be carried out in different countries its official headquarters are in Hague , Netherlands . It can only however arbitrate or try crimes committed after the date its statute was incepted . The member states are committed to refraining from acts which would defeat the object and purpose of the ICC treaty (William A . 2004

The ICC does not enjoy universal jurisdiction as was the original wish A number of countries did not want to see this happen and they heavily objected . They include China , Qatar , Libya , Israel , Iraq , Yemen and the United States . It only exercises jurisdiction where the below circumstances have occurred (Ascensio H . 2002

If the perpetrator of the crime belongs to a country which is a state party or that has accepted the ICC 's jurisdiction

If the acts were committed in a territory of a country that accepts jurisdiction

If the particular case has been referred to the ICC by the UN security counsel

The United States is against the jurisdictional powers of the ICC evidenced by its refusal to ratify the statute in 2002 . The US initially under Clinton administration had participated proactively in supporting the early plans of ICC but it voted against it in Rome 1998

The reason behind this is in article 12 of the statute that confers the ICC with absolute jurisdiction when either that state on whose territory a crime was committed is a part to the treaty , or when accused person 's state of nationality is a party (international animal 's court , n .d

This statute is a threat to the United States . It is a threat to both the president of US and its military forces as it will limit their ability to engage in wars in the name of protecting global (US interest...