International criminal court Essay -- essays research papers fc

ICC and AmericaOver the past few years, the world(prenominal) felon Court (ICC or the Court) has been igniting controversy the world over. As more than countries rallied behind it, more objections have been made, particularly from Americans, regarding what many view as fundamental flaws. I have chosen two paper to contrast and contrast the different viewpoints taken by the authors when reflecting upon Americas elaborateness with the ICC. One calls for total rejection of the ICC, the other weighs the risks and benefits and calls for revision but acceptance.The first article, authorize National Constitutional Compatibility and the International Criminal Court, is compose by Helen Duffy and promulgated in the Duke journal of Comparative and International Law. The second article, authorise Reasonable disbelieve The Case against the Proposed International Criminal Court, is written by Gary T. Dempsey and published online at the Cato Institute website. Duffys article was publis hed late in 2001, a contrast to Dempseys article which was published in 1998, just one day prior to the International capital of Italy 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 as 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 minimize Americas sovereignty, produce arbitrary and highly politicized justice, and grow into a jurisdictional leviathan. He expresses his lack of faith in the Courts ability 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. stomach of Representatives should have sufficient 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 hire? Duffy again points out the need for revision in the treaty.Both papers share a similar overview from remarkably different viewpoints. Many of the middling extremist views that Dempsey takes are tempered through Duffys call for condition 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 residuum of the worlds nations, seeking justice and guidance. At the same time, we moldiness 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