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Essay On Why The United States Should Not Join The International Criminal Court

627 Words3 Pages

No, The United States Should Not Join the International Criminal Court, because the International Criminal Court (ICC) is an inter-governmental tribunal and an organization with headquarters located in Hague in Netherlands. It has the duty to prosecute individuals who have carried out genocide, atrocities, and crimes against humanity (Schabas 2). The court was formed in July 2002. It was the year when the Rome Statute was enforced. This document represented a multilateral treaty that serves as the governing document for the ICC. States that ratify the treaty becomes member of the Court. There are one hundred and twenty-two countries parties to the Rome Statute (Schabas 3). Although the ICC has some of the legal safeguards that Americans are used to, it …show more content…

For example, the Congress confirms and can also impeach federal judges. The President nominates court judges and vetoes legislation. The courts can overturn Presidential actions and avoid laws passed by the Congress if termed unconstitutional. Despite substantial efforts by the United States delegates to insert strong checks in the ICC, it remains a lacking factor in the organization. It is an independent body and states under the Rome Statute, which controls the ICC. However, the Assembly of State Parties has a limited role since the judges settle all disputes themselves (Schaefer97). The ICC is a challenge to the authority of the Security Council. The Rome Statute, which is signed by members of the states, empowers the court to investigate, prosecute and punish any individual for undefined crimes against humanity (Schiff 43). This challenges the prerogatives and authority of the Security Council of the UN, which is chartered to maintain peace and security. It is the only institution in the UN that has power to determine when a State committed an act of

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