International criminal court Essay -- essays research papers fc

ICC and AmericaOver the past few years, the International whitlow Court (ICC or the Court) has been igniting controversy the world over. As more countries rallied behind it, more objections dumbfound been made, particularly from Americans, regarding what many view as underlying flaws. I perk up chosen two papers to compare and contrast the different viewpoints taken by the authors when reflecting upon Americas involvement with the ICC. One telephones for intact rejection of the ICC, the other weighs the risks and benefits and calls for revision but acceptance.The first article, entitled National Constitutional Compatibility and the International Criminal Court, is written by Helen Duffy and published in the Duke diary of proportional and International Law. The second article, entitled Reasonable Doubt The Case against the Proposed International Criminal Court, is written by Gary T. Dempsey and published online at the Cato play website. Duffys article was published late in 20 01, a contrast to Dempseys article which was published in 1998, just one day antecedent to the International Rome conference on July 17th that resulted in the establishment of the ICC. Many of the incongruencies in the ICC treaty that troubled Americans three years ago have yet to be brought into balance with American values. These two papers give similar, although at times slightly different, viewpoints on the issue.Dempsey criticizes the ICC before it has even been birthed into existence. Specifically, the court threatens to settle Americas sovereignty, produce arbitrary and highly politicized justice, and grow into a jurisdictional leviathan. He expresses his lack of faith in the Courts talent to complement national governments and their respective judicial systems while refraining from infringing upon their sovereignty. He is explicitly clear in his position, stating in his paper that, For those and other reasons, the U.S. Senate and U.S. House of Representatives should have decent grounds torefuse to ratify and to fund the International Criminal Court. Duffy brings the issue up, adding pertinent information concerning other governments constitutions and how some other nations have gone so far as to amend their own constitution to accommodate their acceptance of the ICCs regulations. A small number ... ...ntradiction of terms. If the Court finds it unsatisfactory, doesnt that imply that the Court already believes the authorities are not doing justice? How much convincing would they need? Duffy again points out the need for revision in the treaty.Both papers share a similar overview from remarkably different viewpoints. Many of the somewhat extremist views that Dempsey takes are tempered through Duffys call for consideration and revision. As the ICC moves forward with the trial of Slobodan Milosevic and others to come, it is important to cooperate harmoniously with the rest of the worlds nations, seeking justice and guidance. At the same time, we must (prenominal) not lose sight of those rights and responsibilities that make us one of the greatest nations on earth.Works CitedNational Constitutional Compatibility and the International Criminal Court. Duke Journal of Comparative and International Law. Helen Duffy. 2001. http//www.law.duke.edu/shell/cite.pl?11+Duke+J.+Comp.+&+Intl+L.+5Reasonable Doubt The Case against the Proposed International Criminal Court. Gary T. Dempsey. 16 July. 1998. http//www.cato.org/pubs/pas/pa-311.html