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Friday, April 12, 2013

An essay on the International Criminal Court, with a mark of 18.75/20. Including- Overview, History, Jurisdiction, Structure, Rights of the accused and Current Cases

The International Criminal Court (ICC) was established on July 1 2002 as a permanent tribunal to engage individuals for genocide, horrors against humanity, war crimes and the crime of aggression, that it cannot exercise jurisdiction either over the crime of aggression, as the capital of Italy Statute of the international criminal judicial system stipulates that the ICC cannot exercise its jurisdiction over the crime of aggression until such(prenominal) time as the states parties agree on a interpretation of the crime and set out the conditions under which it may be prosecuted. The Rome Statute also States that the ICC can only prosecute crimes committed on or after the founding date. The Rome Statute is the treaty that established the court.

Today there be 105 member states of the court, and 41 countries have signed alone not ratified the Rome Statute. Countries which have signed but not ratified the law are expected to pause from ?acts which would defeat the object and purpose? of the treaty. There are a few controversial countries which have not signed the statute including India, China and the United States. India and China have not yet joined the statute because of underlying issues such as it goes against the reign of nation states, the war crimes jurisdiction covers internal as headspring as international conflicts affecting India due to its dispute with Pakistan over Kashmir.

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The United States has not signed the treaty citing that it denies fundamental American human rights, it is a political court without appeal, and there is an absence of jury trials, no right to a speedy trial, human race trial or reasonable bail although these are all elements of the American military trials which have been used to try David Hicks and other Guantanamo Bay prisoners.

>In 1948, following the Nuremberg and Tokyo Tribunals, the United Nations...

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