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International Criminal Court - Overview & Selected Legal Issues (Paperback)
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International Criminal Court - Overview & Selected Legal Issues (Paperback)
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The International Criminal Court (ICC) is the first global
permanent international court with jurisdiction to prosecute
individuals for 'the most serious crimes of concern to the
international community'. The United Nations, many human rights
organisations, and most democratic nations have expressed support
for the new court. The Bush Administration firmly opposes it and
has formally renounced the US obligations under the treaty. At the
same time, however, the Administration has stressed that the United
States shares the goals of the ICC's supporters-promotion of the
rule of law- and does not intend to take any action to undermine
the ICC. The primary objection given by the US in opposition to the
treaty is the ICC's possible assertion of the jurisdiction over US
soldiers charged with 'war crimes' resulting from legitimate uses
of force. The main issue faced by the current Congress is whether
to adopt a policy aimed at preventing the ICC from becoming
effective or whether to continue contributing to the development of
the ICC in order to improve it. This book provides a historical
background of the negotiations for the Rome Statute, outlines the
structure of the International Criminal Court (ICC) as contained in
the final Statute, and describes the jurisdiction of the ICC. The
book further identifies the specific crimes enumerated in the Rome
Statute as supplemented by the draft elements of crime. A
discussion of procedural safeguards follows, including reference to
the draft procedural rules. The book then goes on to discuss the
implications for the United States as a non-ratifying country when
the ICC comes into being, and outlines some legislation enacted and
proposed to regulate US relations with the ICC.
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