International criminal court Essays

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ICC and America

     Over the past few years, the International Criminal Court (ICC or “the Court”) has been igniting controversy the world over. As more countries rallied behind it, more objections have been made, particularly from Americans, regarding what many view as fundamental flaws. I have chosen two papers to compare and contrast the different viewpoints taken by the authors when reflecting upon America’s involvement with the ICC. One calls for total rejection of the ICC, the other weighs the risks and benefits and calls for revision but acceptance.
     The first article, entitled “National Constitutional Compatibility and the International Criminal Court”, is written by Helen
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She suggests a combination of the two approaches.
     Besides posing a threat to America’s sovereignty, some aspects of the ICC pose a threat to the rights of American citizens. Many legal protections that Americans are entitled to under our constitution have no place so far in the ICC’s treaty. Dempsey points out that “the prohibition against double jeopardy, the right to trial by an impartial jury, and the right of the accused to confront the witnesses against him” are American legalities not present in the ICC, and by agreeing to hand over our nationals for trial in an internationally-regulated courtroom we are denying them these constitutional rights and participating in an unconstitutional act.
     Duffy imparts to us that although there are numerous flaws still present in the ICC, only time will smooth them out, and until then we are in a position only to work with it. In an unprecedented move in international law, the ICC states that it will bind to the
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