The Study of the Legal Implications of ICC

There is virtually no likelihood the united solid grounds will ratify the Rome mandate so large as the administration of President George provide remains in might. This is a pity since the United States has long been a champion of the world rule of law. Its opposition to the ICC is fit out in national and multinational legal arguments but is in fact a reflection of America's unique posture as the world's alone superpower and the distrust expressed by the coetaneous American national security establishment with United Nations-sponsored and administered foreignist bodies such as ICC.

According to Slomanson, "war criminals have been prosecuted at least since the time of the ancient Greeks" (1). Such prosecutions have, however, been aptly characterized as 'victor's justice' because "national justice systems have often proved themselves unequal to(p) of being balanced and impartial" (1).

As early as 1934, the League of Nations prepared the first draft convention for the knowledgeability of an international criminal court, but it failed of adoption.

According to Janis, an important bar to the creation of such a tribunal was the belief among international legal jurists and scholars in the 19th and early 20th centuries that "international law was a law for states alone . . . it was thought to be antithetical for there to be international legal rights that individuals could put forward against states" (253; and see Oppenheim 636-639). In reaction, however, to the plethora

crimes against humanity, war crimes; and crimes of aggressiveness. The rendering of the crime of genocide in oblige 6 followed that in the Convention on Genocide. The Article 7(1) definition of crimes against humanity was not limited to crimes arising out of armed departure but was limited to acts "committed as part of a widespread or systematic attack directed against either civilian population." The United States opposed the inclusion of war crimes and crimes of aggression unless they were narrowly defined. Basically, war crimes are inwardly ICC's purview only if they are: "part of a plan or insurance policy or . . .

large-scale commission of such crimes," (Article 8(1); "grave breaches" of the 1949 geneva Convention (article 8.2(a); (c) war crimes arising in international armed conflict, within the framework of international law (Article 8.2(b); war crimes arising in privileged armed conflicts so defined and certain other condition crimes (Article.2(c)(D)(e) and (f). Under Article 5.2 the crime of aggression is left to be defined by the Security Council on a single(a) basis.

Statute of the International Criminal Tribunal for the

the Constitution interdict Its Ratification by the

The United States wanted ICC to have the power to prosecute cases only where they had been referred to it by the Security Council where it could exercise its veto. alternatively ICC can initiate prosecutions on the request of a State Party where a covered crime has been committed, on referral by the Security Council or on its own initiative (Article 13). Anderson says that the United States has expressed concern that ICC prosecutors "would be open to political pressures and unlawful motives" (708). Under Article 15, prosecutors must be win overd and convince a three-judge pre-trial panel they have reasonable basis to proceed, and endure an interlocutory appeal, if any, before proceeding.

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