To initiate a war of aggression, therefore, is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole.1 I. INTRODUCTION The Rome Statute established the International Criminal Court (ICC) in 2002.2 The ICC is the culmination of decades of attempts to define aggression and set up an international court with jurisdiction to hold individuals responsible for what the state parties considered the most serious crime - the crime of aggression.3 The Rome Statute confers subject matter jurisdiction with respect to "the most serious crimes of international concern": genocide, crimes against humanity, war crimes and the crime of aggression.4 Although the Rome Statute defined the...
Created by a treaty, the Rome Statute, opened for signature in 1998 and commencing operation after ratification by 60 state signatories in July 2002, the Court has as the subject matter of its jurisdiction the most horrible acts of violence that political conflict can produce: genocide, war crimes, ethnic cleansing, crimes against humanity. Rather than vesting the prosecutor with this proprio motu power, the United States wanted the Court to take up investigations on the basis of referrals from the United Nations Security Council and not otherwise (except for self-referrals, whereby a state party would ask the ice to investigate conduct that took place on its own territory, presumably owing to a lack of confidence in its ability to prosecute such cases effectively).
Introduction: The Woman's Face Of Africa's First World War. II. Foundation For Analysis: Feminist Jurisprudential Challenges To International Law. A. International Human Rights Law . B. International Humanitarian Law . III. (R)Evolution: Lessons Learned From The Ad Hoc Tribunals. IV. A Prima Facie Case: Crimes Against Humanity And War Crimes Against Women In The DRC Conflict. A. Exercise of Jurisdiction. B. Elements of the Crimes. 1. Crimes Against Humanity. 2. War Crimes. V. Efficiency Over Justice?: The Fate Of Charges For Gendered Violence In Prosecutor v. Lubanga. A. Women's Initiatives's Request to Participate as Amicus Curiae. B. The Prosecutor's Strategy and Proprio Motu Power. C. The Checks and Balances of the Rome Statute. VI. The Gendered Consequences Of Selective Justice. ...
Continued resistance only risks greater isolationism and lack of credibility and support, something at present the United States simply cannot afford. [...] history clearly demonstrates that absent the ICC's enforcement mechanisms to address individual responsibility, horrific crimes will continue and impunity will reign. [...] the United States, which still has an opportunity to play a significant role with the Court-and regain its reputation for an unyielding commitment to promoting human rights, justice, and the rule of law-should ratify the Rome Statute or, at a minimum, adopt a strategy and policy of conciliation and cooperation instead of obstruction and antagonism.
This article explores the efficacy of the International Criminal Court (ICC) referral mechanisms, focusing on the State Party and Security Council referral methods. Under the current structure of the ICC and in the current political climate, Security Council referrals to the ICC have no more enforcement behind them than State Party referrals or investigations initiated by the ICC Prosecutor, even though the Security Council theoretically can back up its referrals with Chapter VII authority. This is the case because the Security Council has not chosen to exercise its Chapter VII powers outside of the referral itself. However, the ICC could choose to modify its structure and jurisdiction in the hope of gaining the support of the US. If the US reversed its position on the ICC, then the US ...
ver las páginas en versión mobile | web
ver las páginas en versión mobile | web
© Copyright 2012, vLex. All Rights Reserved.
Contents in vLex United States
Explore vLex
For Professionals
For Partners
Company
Other interesting searches:
Price Inflation | consummate dictionary | Gaming Support B.V. | Ni Welding Supply, L.L.C. | Tim Junkin | aides financières | istres handball | documento mejoras | procedimientos almacenados
