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Australian and U.S. Legal and Political Views on International Criminal Justice and the Impact of the ICC PDF Print E-mail
Written by Viara Zaprianova-Marshall   
Saturday, 03 September 2011 00:44

 International Criminal Court – “…a major landmark for the international community and for the international justice”[1]

A critical comparative study of the Australian and U.S. legal and political views on international criminal justice and the impact of the ICC

I. Rome Statute of the International Criminal Court – History and Practice

 II. U.S. Objections to the Rome Statute

 III. Australian path – “all need to participate”

 IV. Implications of the ICC for the United States as a Non-member

 V. Membership benefits for Australia and the country’s growing role in the Asian-Pacific region.

 

 

 

This essay will explore the establishment of the ICC, its jurisdiction, principles and its implications for the international criminal law arena. The ICC is the world’s first permanent criminal court and its creation reflects an amazing international consensus. The second part is dedicated to the major constraints and objections that the U.S. Congress encounters and expresses regarding the ICC jurisdiction. Its concerns regarding the jurisdiction over nationals of non-parties, the “politicized prosecution”[2] , the “lack of Due process guarantees,”[3] and the fear of usurpation of the role of the U.N. Security Council.

 

In the third part, the research paper will present the commonalities and differences between the American and Australian legal philosophy, legislative history; the impact of becoming a member on the country’s foreign policy, the engagement in international criminal investigations and prosecutions, and the country’s new role in the international community.

Last Updated on Tuesday, 22 May 2012 19:59
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