Papers on "The Legitimacy of the ICC" and similar term paper topics

Paper #059380 :: The Legitimacy of the ICC
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An analysis of the legitimacy of the International Criminal Court.

Written in 2005; 4,030 words; 10 sources; MLA; $ 109.95

Paper Summary:

This paper examines the International Criminal Court (ICC) and explores the nature of the legal objection to this court and whether or not, as claimed by the United States, the ICC acts in such a way as to undermine both the U.N. system and international law. While the paper argues that the ICC is the legitimate crystallization of international law and cannot be denounced as either illegitimate, "lawless," or an effort to undermine the United Nations Security Council, it concedes that critics of the ICC are correct in claiming that the international community, represented by the United Nations, would have done better to resolve the institutional weaknesses in the International Court of Justice. In other words, not only should the ICJ have been fixed before energies were directed towards the creation of another court, but the failure of the ICJ, together with the United States' refusal to accept the ICC, does not encourage one to hold out hope that this body will become an effective representative of international law and justice within the parameter of its legal jurisdiction or the crimes/offences that it is supposed to deal with.

From the Paper:

"In February 1998, the United States declared that it will not sign the Rome Statute, which would establish the permanent status of the International Criminal Court, signaling its complete refusal to accept the jurisdiction or even the legal basis of the ICC. Now, while many have criticized the United States' decision, insisting that it is the natural outcome of this superpower's persistent refusal to accept the authority of the United Nations, its organs or any international institution, few have actually sought to understand the basis of the United States' rejection of the ICC. Certainly, part of that rejection was determined by the United States' anxiety over the possibility of its citizens being transferred to the ICC for alleged war crimes, among other charges, or that it itself would be taken before the court in instances of international dispute. Quite simply stated, the dimension of national interest and the possibility however remote, that the ICC would limit the United States' capacity to act as it chooses within the international arena cannot be ignored when trying to assess the reasons behind the United States' rejection of the ICC and its denouncement of it as illegitimate. This particular explanation is bolstered upon consideration of the fact that the United States pressured many of the signatory nations to include within their ratification of the Rome Statute a condition which specifies that they will not take the United States or its officials and citizens to the ICC in case of dispute or suspected crimes which fall under the supposed jurisdiction of this court. However, despite the evidence supporting this particular interpretation of the United States' refusal to accept the ICC, it oversimplifies the objections raised against this court and its legal basis."

Tags: justice legal jurisdiction

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