USA and the ICC
#1
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The new system of international justice, which came about with the creation of the International Criminal Court (ICC), is under attack. The USA is trying to ensure that US nationals are exempt from ICC jurisdiction over genocide, crimes against humanity and war crimes.
The ICC will investigate and prosecute people accused of genocide, crimes against humanity and war crimes. The USA is attacking this new system of international justice by pressing states around the world to enter into impunity agreements not to surrender US nationals to the ICC. In many cases the US government is threatening to withdraw military assistance from countries that will not agree.
Such agreements are unlawful under international law. They threaten to undermine international efforts to stop criminals ever again planning and committing the worst crimes known to humanity.
The ICC will investigate and prosecute people accused of genocide, crimes against humanity and war crimes. The USA is attacking this new system of international justice by pressing states around the world to enter into impunity agreements not to surrender US nationals to the ICC. In many cases the US government is threatening to withdraw military assistance from countries that will not agree.
Such agreements are unlawful under international law. They threaten to undermine international efforts to stop criminals ever again planning and committing the worst crimes known to humanity.
#11
The overall object and purpose of the Rome Statute is to ensure that those
responsible for the worst possible crimes are brought to justice in all
cases, primarily by states, but, under the underlying principle of
complementarity, if they prove unable or unwilling to do so, by the
International Criminal Court as a last resort.(8) Thus, any agreement not
expressly provided for in the Rome Statute that precludes the International
Criminal Court from exercising its complementary function of acting when
states are unable or unwilling to do so, defeats the object and purpose of
the Statute.
A key component of the object and purpose of the Statute is incorporation
in Article 27 of the fundamental principle that no one is immune for crimes
under international law such as genocide, crimes against humanity or war
crimes. Article 27 (1) provides that the Rome Statute "shall apply equally to
all persons without any distinction based on official capacity", and Article
27 (2) states that "immunities or special procedural rules which may
attach to the official capacity of a person, whether under national or
international law, shall not bar the Court from exercising its jurisdiction
over such a person".(9) That jurisdiction, apart from a referral of a situation
pursuant to Chapter VII of the United Nations Charter, extends under Article
12 of the Rome Statute to crimes committed by any person over the age of
18, regardless of nationality, in the territory of a state party or state making
a special declaration and to crimes committed by a national of one of
these states.(10)
responsible for the worst possible crimes are brought to justice in all
cases, primarily by states, but, under the underlying principle of
complementarity, if they prove unable or unwilling to do so, by the
International Criminal Court as a last resort.(8) Thus, any agreement not
expressly provided for in the Rome Statute that precludes the International
Criminal Court from exercising its complementary function of acting when
states are unable or unwilling to do so, defeats the object and purpose of
the Statute.
A key component of the object and purpose of the Statute is incorporation
in Article 27 of the fundamental principle that no one is immune for crimes
under international law such as genocide, crimes against humanity or war
crimes. Article 27 (1) provides that the Rome Statute "shall apply equally to
all persons without any distinction based on official capacity", and Article
27 (2) states that "immunities or special procedural rules which may
attach to the official capacity of a person, whether under national or
international law, shall not bar the Court from exercising its jurisdiction
over such a person".(9) That jurisdiction, apart from a referral of a situation
pursuant to Chapter VII of the United Nations Charter, extends under Article
12 of the Rome Statute to crimes committed by any person over the age of
18, regardless of nationality, in the territory of a state party or state making
a special declaration and to crimes committed by a national of one of
these states.(10)
#13
From what i've read, it means that the USA is blackmailing other states into signing an agreement which will let them commit war crimes no matter how big or small and not be tried for it.
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#14
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Old news. They've been talking about doing that for months now. Can't see what the big deal is though really, as most US citizens wouldn't receive the same justice in most of the countries involved as their own people would.
#16
From what i've read, it means that the USA is blackmailing other states into signing an agreement which will let them commit war crimes no matter how big or small and not be tried for it.
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johnfelstead
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22 February 2000 05:42 PM