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Essay / Research Paper Abstract
A 4 page research paper that discusses the issue of sovereignty in regards to the establishment of an international criminal court. The writer specifically addresses the US objections to the UN's International Criminal Court (ICC) and how these issues rest on issues of sovereignty. Bibliography lists 7 sources.
Page Count:
4 pages (~225 words per page)
File: D0_khicc.rtf
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Unformatted sample text from the term paper:
the International Criminal Court (ICC), which was created by the United National in 1998 and located in the Hague, centers on issues of sovereignty and the ability of the American
federal government to take unilateral action, whenever and against whoever officials deem necessary. American leaders have are worried that a court such as the ICC could prosecute US leader, "all
the way up the chain of command," for operations such as the invasions of Grenada and Panama, the bombing of Libya and the war currently being fought in Iraq ("Justice"
46). Furthermore, the US has expressed concern that its soldiers serving overseas could become the targets of "frivolous" prosecutions by "politically-motivated governments," leaving the US vulnerable to manipulation ("Justice" 46).
Formulation of an effective international criminal justice system necessarily should address these concerns. According to commentator John Rosenthal, there are good reasons for the US opposing the ICC. He
specifically points to sections of the establishing statutes of the court, i.e., the Rome Statute, that concern conditions for the exercise of jurisdiction, which Rosenthal argues are virtually unlimited (Rosenthal
29). According to this analysis, there are multiple areas in which the ICC statutes are lacking, such as in article 17, which stipulates that a case can be judged as
inadmissible if a case is already being handled by a state with jurisdiction, unless it is deemed that the state in question is "genuinely" unable to prosecute it (Rosenthal 29).
This provision offers no definition of what constitutes this exception (Rosenthal 29). In formulating a truly effective international court, such points must be addressed. Creation of the ICC came
close to never occurring because of sovereignty considerations and whether or not the power of an independent prosecutor to bring actions against suspected war criminals would be included (Trueheart 80).
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