Download International Criminal Law and the United States Government and more Thesis Psychology in PDF only on Docsity! CRJ306 International Criminal Law CRJ306: Criminal Law & Procedure International Criminal Law Serving justice towards criminals is an extensive issue regarding the advancement of society, touching all aspects of the criminal court system. Such aspects began at level of the local criminal court and progress up to the International Criminal Court. Although the International Criminal Court (ICC) focuses on preventing international corruption, it is not an essential entity for many regions globally. While the United States government view international crimes directed towards America as a severe matter, they continue to oppose any association with the International Criminal Court (ICC). Why would the United States government choose to not endorse an international organization whose primary focus is preventing corruption on an international scale? “The ICC is based in The Hague, Netherlands, and has jurisdiction over war crimes, crimes against humanity, and genocide” (Birdsall, 2013, para. 2). The ICC was voted upon on July 17, 1998, because of the United Nations Diplomatic Conference of Plenipotentiaries for the purpose of the enactment of an International Criminal Court (Birdsall, 2013). The vote which was officially known as the Rome Statute consisted of 148 states, in which 120 states voted the statute in, however, the United States was on of 5 states that voted to oppose the statute that was ratified into the national laws of 60 states on July 1, 2002 (Birdsall, 2013). The International Criminal Court assigned jurisdiction globally, regarding prosecuting and serving justice towards violators of corruption as a recourse if national authorities are incapable or reluctant to do so. The United States has maintained its decision of continuing to oppose the Statute of the International Criminal Court, keeping the United States Armed Forces and governmental authorities from being held to the same guidelines covered under the ICC. “The Sovereigntist position has been particularly popular in the United States and has succeeded in keeping the United States out of the ICC” (Wolitz, 2013, pg. 727). Enduring the concern of a region affected by corruption and proposing a consequence that relieves or satisfies all nations would create an issue for the U.S. government. Due to the fact that U.S. Armed forces were positioned globally as well as being one of the largest functioning advocates to the United Nations joint security operations, the U.S. government needed to prevent a Court presented a political setting with the ability to question controversial practices of accountable governments by focusing on U.S. Armed forces (Betti, 2016). These concerns among other discussions were disregarded during the closing phase of the Rome Statute, which stimulated the United States decision to make a withdrawal from joining the International Criminal Court. Having the United States agreeing to support the International Criminal Court would be beneficial for international courts, considering the authoritative existence that the country possesses. The support of the United States within the International Criminal Court would provide the means to implement a substantial legal system that will meet the needs of all nations. A primary explanation behind the United States opposing the ICC would be diminishing its authority in which the government maintains within American boarders versus authority in which the ICC would acquire. “The United States has generally held back from grand international schemes that might result in the imposition of international standards onto American domestic affairs” (Rabkin, 1999, pg. 32). Essentially, the United States government believes that the International Criminal Court could potentially impose a threat to the civil liberties of American citizens. The United States should not join the International Criminal Court based on the concerns that they had previously due to their concerns not being addressed. The United States government feels that its criminal justice system is self-sufficient and does not want to involve other nations
