Memorandum to Congress on the ICC from Current and Past Presidents of the Asil

2001 ◽  
Vol 95 (4) ◽  
pp. 967-969
Author(s):  
Arthur W. Rovine
Keyword(s):  
House Of Representatives ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Military Assistance ◽  
Government Officials ◽  
High Government ◽  
Treaty Of Rome ◽  
The U.S

Late last year, in a letter to Congressman Tom DeLay, majority whip of the House of Representatives, twelve former high government officials expressed their support for a bill introduced by Senator Jesse Helms in June 2000, entitled "American Servicemembers' Protection Act."1 The bill, if enacted, would prohibit any agency of the U.S. government from cooperating with the international criminal court (ICC), and proscribe U.S. military assistance to any nation that becomes a party to the treaty of Rome,2 with the exception of NATO members and certain other allied countries.

The United States, the International Criminal Court, and Afghanistan: The Rupturing of Mutual Accommodation

2020 ◽  
Vol 20 (6) ◽  
pp. 1068-1107
Author(s):  
Kevin S. Robb ◽  
Shan Patel
Keyword(s):  
United States ◽  
Foreign Policy ◽  
National Security ◽  
International Criminal Court ◽  
International Criminal ◽  
The United States ◽  
Criminal Court ◽  
Strategic Approach ◽  
Chief Prosecutor ◽  
The U.S

Abstract In September 2018, then U.S. National Security Advisor John Bolton delivered a speech that ushered in a new, more aggressive era of U.S. foreign policy vis-à-vis the International Criminal Court (icc). Washington’s disapprobation over the icc’s interest in the alleged crimes of U.S. personnel in Afghanistan has been seen as the cause for this change. While this is certainly partly true, little attention has been paid to Fatou Bensouda’s prosecutorial behaviour as an explanatory factor. Using the framework from David Bosco’s Rough Justice, this article demonstrates that a distinct shift in prosecutorial behaviour occurred when Fatou Bensouda took over as Chief Prosecutor. In contrast to Luis Moreno Ocampo’s strategic approach, avoidant of U.S. interests, Bensouda’s apolitical approach directly challenged the U.S. This shift in prosecutorial behaviour ruptured the ‘mutual accommodation’ that previously characterised the icc-U.S. relationship and, in turn, produced the shift in U.S. policy that now marginalises the Court.

Managing Setbacks for the International Criminal Court in Africa

2011 ◽  
Vol 56 (1) ◽  
pp. 1-14 ◽  
Author(s):  
Elise Keppler
Keyword(s):  
Civil Society ◽  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Government Officials ◽  
African Government ◽  
Un Security Council

AbstractThe International Criminal Court (ICC) suffered two notable setbacks in Africa in 2010: the African Union's (AU) renewed call for members not to cooperate in executing ICC arrest warrants for Sudanese President al-Bashir; and the president's first visits to the territory of ICC states parties since warrants were issued in 2009 and 2010. Factors surrounding these developments suggest they do not represent the predominant view or approach to the court in Africa, where there is considerable backing for the ICC among African government officials and civil society. African ICC states parties and civil society should enhance initiatives to demonstrate the support that exists for the court, and to ensure that attacks on it are understood as limited efforts that emanate more from criticisms of the UN Security Council than of the court. Developments in 2011 reinforce these assessments.

scholarly journals The Norm of Justice and the Negotiation of the Rambouillet/Paris Peace Accords

2000 ◽  
Vol 13 (1) ◽  
pp. 207-217
Author(s):  
Paul R. Williams
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
Government Officials ◽  
Peace And Justice ◽  
High Government ◽  
Made In

With the creation of the International Criminal Tribunal for the Former Yugoslavia and the imminent creation of a permanent International Criminal Court, as well as the proliferation of public statements by high government officials endorsing the norm of justice, many commentators are hypothesizing that the long running tension between peace and justice may be undergoing a period of reconciliation. A brief review of the efforts to incorporate the norm of justice in the Rambouillet/Paris Accords and UNSC 1244 indicates that only minimal progress has been made in the reconciliation between the quest for a negotiated peace and the norm of justice. As the most powerful nation committed to the rule of law, we have a responsibility to confront these assaults on humankind. One response mechanism is accountability, namely to help bring the perpetrators of genocide, crimes against humanity, and war crimes to justice. If we allow them to act with impunity, then we will only be inviting a perpetuation of these crimes far into the next millennium. Our legacy must demonstrate an unyielding commitment to the pursuit of justice.David SchefferUS Ambassador for War Crimes The search for a juster peace than was obtainable at the negotiating table has inflicted hardship and havoc on innocent civilians within the former Yugoslavia and exacted a heavy price from the already weak economies of the neighboring states.David OwenCo-Chair of the International Conference for the former Yugoslavia

Part 4 Composition and Administration of the Court: Composition et Administration de la Cour, Art.38 The Presidency/La Présidence

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
International Level ◽  
Government Officials ◽  
Regional Organizations

This chapter comments on Article 38 of the Rome Statute of the International Criminal Court. Article 38 deals with the Presidency, one of the four ‘organs of the Court’ listed in article 34. The Presidency is made up of three judges, elected by their peers. It is responsible for the proper administration of the Court, through management oversight, coordination, and cooperation. It oversees the judicial functions, and has specific responsibilities in this respect assigned by the Statute. The Presidency also assumes a role representing the Court at the international level, broadening its support and promoting its values and ideals. This includes meeting with government officials, representatives of States, parliamentarians, and representatives of international and regional organizations.

scholarly journals Propaganda Warfare on the International Criminal Court

2021 ◽  
pp. 581
Author(s):  
Sara Ochs
Keyword(s):  
Public Opinion ◽  
Department Of Defense ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Law Of War ◽  
The U.S

Propaganda warfare, while novel in nomenclature, is far from new in practice. In an era dominated by constant news, battles for public opinion complement physical attacks. In fact, “winning modern wars is as much dependent on carrying domestic and international public opinion as it is on defeating the enemy on the battlefield.” The fight for public opinion has become so valuable to military initiatives that the U.S. Department of Defense Law of War Manual specifically recognizes propaganda directed towards “civilian or neutral audiences” as a “permissible means of war.”

No Home in this World: The Case against John Yoo before the International Criminal Court

2020 ◽  
Vol 20 (5) ◽  
pp. 862-907
Author(s):  
Jake Romm
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Liability ◽  
Prima Facie ◽  
Criminal Court ◽  
Legal Counsel ◽  
Torture Memos ◽  
The U.S

Former Office of Legal Counsel lawyer John Yoo’s criminal liability for the U.S. Torture Program has been a topic of debate ever since the so-called ‘Torture Memos’ came to light. The debate has primarily focused on the criminal case against Yoo under domestic U.S. law or under abstract notions of ‘international law’. In light of the International Criminal Court’s investigation into the situation in Afghanistan there is reason to hope for a possible indictment of Yoo. This article fills in a gap in the literature surrounding Yoo’s culpability by straightforwardly delineating the prima facie case against John Yoo under the Rome Statute.

scholarly journals Trump Administration Expresses Strong Disapproval of the International Criminal Court

2019 ◽  
Vol 113 (1) ◽  
pp. 169-173
Keyword(s):  
United States ◽  
National Security ◽  
International Criminal Court ◽  
International Criminal ◽  
War Crimes ◽  
The United States ◽  
Criminal Court ◽  
Intelligence Agencies ◽  
The U.S ◽  
Trump Administration

On September 10, 2018, U.S. National Security Advisor John Bolton delivered an address fiercely criticizing the International Criminal Court (ICC). Bolton challenged the legitimacy of the ICC and expressed particular concern over its inquiry into potential war crimes committed by members of the U.S. military and intelligence agencies in Afghanistan. He identified retaliatory measures the United States would undertake if the ICC “comes after us, Israel or other U.S. allies.”

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