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THE INTERNATIONAL CRIMINAL COURT
MGM230_1103A_02_Phase 5_IP_Formanek.C
About the International Criminal Court
Is independent of the United Nations (International Criminal Court, n.d.)
Is the “first, permanent treaty based international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community” (ICC, n.d.)
Is a “Court of Last Resort” (ICC, n.d.)
Origins of the International Criminal Court
International dialogue and consensus on definitions of genocide, crimes against humanity and war crimes during the latter half of the 20th century (ICC, n.d.)
Influenced in part by the Nuremberg and Tokyo Trials following World War II (ICC, n.d.)
Further influenced by the International Criminal Tribunals for former Yugoslavia and for Rwanda in the 1990s (ICC, n.d.)
History of the International Criminal Court
Governed by the Rome Statute adopted July 17 1998 by 120 nations (ICC, n.d.)
Rome Statute went into effect July 1 2002 with ratification by 60 nations (ICC, n.d.)
United States of America does not support ICC (Human Rights Watch, 2010; ICC, n.d.)
January 26, 2009 first trial case begins “The Prosecutor v. Thomas Lubanga Dyilo” (ICC, n.d.)
International Criminal Court Handles Cases Involving:
Genocide (ICC, n.d.; United Nations, 2003 & 2011)
Crimes Against Humanity (ICC, n.d.; United Nations, 2003 & 2011)
War Crimes (ICC, n.d.; United Nations, 2003 & 2011)
Aggression (ICC, n.d.; United Nations, 2003 & 2011)
International Criminal Court and War Crimes
ICC has “conplementarity” jurisdiction over countries that have signed the Rome Statute (ICC, n.d.)
National Governments have first jurisdiction for investigation and trial until it is deemed they “cannot or will not” in “genuine” fashion (ICC, n.d.)
ICC proceedings can be brought by a member State the ICC Prosecutor or the United Nations Security Council (ICC, n.d.)
International Criminal Court: Sources of Law
Treaties (Colorado Technical University Online, 2010)
Customs (CTUO, 2010) General Principles of Law (CTUO, 2010) Judicial Decisions (CTUO, 2010)
International Criminal Court: Sources of Law
The Rome Statute (ICC, n.d.) The ICC Official Journal of Basic Legal
Texts and “Legal Tools Project” (ICC, n.d.) The United Nations library of documents
and legal texts WCRO –ICC Legal Analysis and Education
Project (American University Washington College of Law, 2009)
United States Position on the International Criminal Court
One of seven nations to vote against the Rome Statute in 1998 (Human Rights Watch, 2010)
Bush Administration “unsigned” treaty May 2002 (Human Rights Watch, 2010)
U.S. seeks “bilateral agreements” with other countries to protect U.S. nationals from ICC detainment or custody (Human Rights Watch, 2010)
Congress passes “American Servicemembers Protection Act (ASPA) (Human Rights Watch, 2010)
United States a permanent member of the U.N. Security Council (United Nations, 2003)
References
American University Washington College of Law (2009) War Crimes Research Office:
International Criminal Court and the United Nations. Retrieved from
http://www.wcl.american.edu/warcrimes/icc/icc_reports.cfm
Amnesty International USA (2011). International Criminal Court: Prosecuting Crimes in
the Name of International Justice. Retrieved from http://www.amnestyusa.org/our-
work/issues/international-justice/international-criminal-court
Colorado Technical University (2010). U.S. Foreign Policy. [M.U.S.E.] Retrieved from
Colorado Technical University Campus MGM230-1103A-02
http://campus.ctuonline.edu
References
Duke University School of Law (2011). International Criminal Law. Retrieved from
http://www.law.duke.edu/lib/researchguides/intclaw
Human Rights Watch (2010) The United States and the International Criminal Court
Retrieved from http://www.hrw.org/legacy/campaigns/icc/us.htm
International Bar Association (n.d.). IBA Human Rights Institute: IBA Members and the
ICC. Retrieved from
http://www.ibanet.org/Human_Rights_Institute/ICC_Outreach_Monitoring/
ICC_IBA_membership.aspx
International Court of Justice (n.d.). Practical Information: Frequently Asked Questions.
Retrieved from http://www.icj-cij.org/information/index.php?p1=7&p2=2
References
International Criminal Court (n.d.). About the Court. Retrieved
from http://www.icc-cpi.int/Menus/ICC/About+the+Court/
United Nations (2003) Rome Statute of the International
Criminal Court. Retrieved from
http://untreaty.un.org/cod/icc/index.html
United Nations (2011). United Nations: International Law.
Retrieved from http://www.un.org/en/law/