The International Criminal Court

Extraits

[...] But the territorial jurisdiction in the ICC also raises many concerns. According to article 12 of the Rome Statutes, the Court can exercise its jurisdiction only if the crime was committed on a party state's territory; if the person accused is a national of a member state; or if the country recognises the jurisdiction of the ICC. Non party countries (including the U.S, China and India) therefore stand outside of ICC jurisdiction. However, article 13 stipulates that the Court does have jurisdiction when the situation in a non signatory country has been referred by the UN Security Council. [...]

[...] Indeed, by exerting considerable influence on the decisions taken, the 5 permanent states of the Security Council (U.S., Russia, China, France and the UK) can be seen as most likely use this body as a legal tool for implementing their political goals.”[6] Bibliography Journal Articles ARBOUR L. (2003), “Will the ICC have an Impact on Universal Jurisdiction?”, Journal of International Criminal Justice BAROS M. (2003), Establishment of the International Criminal Court: Institutionalising Expedience?”, Hertfordshire Law Journal BASSIOUNI.C.(2006), ICC—Quo Journal of International Criminal Justice CIAMPI.A. [...]

[...] Website International Criminal Court (2007) [online] last accessed the 25th of April 2007 at: http://www.icc-cpi.int/home.html&l=en United Nations (2007), Rome Stature of the International Criminal Court [online] last accessed the 25th of April 2007 at: http://www.un.org/law/icc/ Office of the United Nations High Commissioner for Human Rights (2007), Human Rights Bodies last accessed the 25th of April 2007 at: http://www.ohchr.org/english/bodies/ U.S. Department of State (2002), The United States and the International Criminal Court [online] last accessed the 25th of April 2007at: http://www.state.gov/t/us/rm/15158.htm International Criminal Court (2007) About the Court [online] at http://www.icc-cpi.int/about.html U.S. Department of State (2002), The United States and the International Criminal Court [online] at http://www.state.gov/t/us/rm/15158.htm BAROS M. (2003), Establishment of the International Criminal Court: Institutionalising Expedience?”, Hertfordshire Law Journal BASSIOUNI C. (2006), ICC—Quo Vadis Journal of International Criminal Justice BAROS M., op.cit. BARROS M., op.cit. [...]

[...] The International Criminal Court The Rome Statutes, a treaty adopted on July 1998 by the United Nations, established the ICC as an International Tribunal from the 1st of July 2002 onwards. Today, there are 104 parties to the Rome Statutes. According to article the Court will have jurisdiction over the crime of genocide, war crimes, crimes against humanity, and crimes of aggression (once the latter is defined by the State parties). Though the ICC seems to be an advancement in International Law, it has been faced with many criticisms since its creation; criticisms that this essay will attempt to outline. [...]