About the Author Paul Battersby is associate professor of international relations and discipline and head of global studies at the Royal Melbourne Institute of Technology, Australia. Average Review.
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The Coming Crime Wars - Diplomatie Humanitaire
Helping to develop politically engaged learners who can think critically about the changing 21st Century world, you This encroachment on American constitutional safeguards requires that the United States not only reject the statute, but that it actively oppose the court. The broad goals of the ICC align with American interests in the promotion of international law and justice. The Rome Conference made much progress toward achieving a specific treaty text compatible with U.
The ICC project therefore deserves continuing American support and engagement. Yet serious deficiencies in the statute remain, deficiencies that must at least delay signature and ratification. These include the statute's undefined jurisdiction over aggression, inadequate limits on the initiation of prosecutions, and a last-minute provision related to Israel's policy toward settlements in occupied territories.
Above all, the United States must strengthen guarantees that American military personnel will not be prosecuted internationally without U. A stance of continued engagement, however, offers the best prospects for clarification of the court's mandate and confirms our dedication to human rights and justice. While not developed in draft speech form, one can imagine synthesizing elements of Options One and Three. There was some suspicion at Rome that the United States was urging changes in the text without committing itself to sign the agreement if they were accepted.
The U. We should work with our major allies to make their ratification and continued support for the court contingent on securing our signature. They are more likely to do so if we make clear that these proposed changes will elicit our signature rather than set the stage for further demands to alter the text negotiated in Rome. Following this memorandum are the three basic options presented as speeches so that you can get a feel for how each case could be made. Each speech varies in form as well as content; each takes a very strong position in favor of one of the options.
The hope is to clarify the issues and their implications in order to help you formulate your own position. The ICC stands at the crossroads of American grand strategy, the search for global justice, and the changing architecture of the international system. Moreover, the decision concerning the ICC arises at the end of a decade of post Cold War disorder resulting from ethnic and religious conflicts, failed states, civil wars, and local and regional power struggles.
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The crisis in Kosovo highlights fundamental questions regarding not only lessons learned from previous conflicts but also changing views about the design of global and regional security regimes. The discussion that follows does not address these larger concerns; it can only indicate how a particular position on the ICC might intersect with them. After World War II, the international community, outraged at the atrocities committed by the Nazi regime, took action at Nuremberg against many of the leaders responsible. The Nuremberg trials, in turn, helped establish a basic framework and precedent for the prosecution of war crimes and crimes against humanity.
The Geneva Conventions of codified and expanded the rules of war and included basic protections for civilians and combatants involved in civil war. But the development of a regime holding individuals accountable for crimes under international law slowed considerably during the Cold War. The chronology of crimes since Nuremberg is long. In Cambodia, the Khmer Rouge was responsible for approximately two million deaths and disappearances during its bloody rule in the s.
In El Salvador, government troops bent on subduing an insurgency attacked and killed civilians, including children, as they hunted their enemy. A strong case can be made that Iraq's Saddam Hussein committed genocide by ordering the chemical weapons attack on Kurdish villages in northern Iraq and that his gruesome treatment of Kuwaiti prisoners during the Gulf War constituted war crimes.
At least half a million people were killed and others maimed in the Rwandan genocide in From to , Bosnian Serb forces engaged in a massive ethnic cleansing campaign affecting several hundred thousand people and culminating in the massacre of more than seven thousand men at Srebrenica. And saw the displacement of a million or more Kosovars, along with numerous murders, rapes, and other acts of ethnic brutality.
In the face of these tragedies, the United States has led efforts to achieve some measure of justice.
We have been the leading supporter of the War Crimes Tribunals established by the United Nations for the former Yugoslavia and for Rwanda. We have provided funds, attorneys, investigators, and other staff, including military and intelligence assistance for their operations. With U. The International Criminal Tribunal for the Former Yugoslavia has in its custody almost one-third of the individuals publicly indicted and has passed down several sentences.
NATO forces in Bosnia recently arrested a general alleged to be responsible for operations at Srebrenica. Moreover, the existence of the tribunal has contributed to isolating extremist elements in Bosnia and discouraged their resistance to the NATO-led peacekeeping effort there. The War Crimes Tribunal for Rwanda has in custody several key organizers of the genocide and recently handed down precedent-setting convictions for genocide.
The United States is currently promoting the establishment of an international tribunal to prosecute leaders of the Khmer Rouge. The ICC itself has been a long time in the making. The United Nations envisioned such a court soon after Nuremberg, but the project foundered during the Cold War. The tribunals for the former Yugoslavia and for Rwanda breathed new life into the project and taught the international community valuable lessons about international criminal prosecution. Importantly, the tribunals helped further develop the international law that could be applied by the ICC. But the process of creating and operating the individual tribunals has been expensive and redundant, providing an additional reason for the creation of a standing ICC.
In the presidential address to the U. General Assembly in September the United States called for the establishment of a permanent international court to prosecute the most serious violations of international humanitarian law.
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Congressional support for a court, however, has been considerably more muted. Leading internationalists in Congress were almost entirely silent on the issue during the Rome Conference. It opposes such elements as the lack of Security Council control of prosecutions, the inclusion of aggression as a crime, and the scope of some of the war crimes provisions. Over the course of five weeks of complex negotiations in Rome, the United States found itself in opposition to a large group led by some of our closest allies, including Germany, Canada, and Britain, all of whom strongly support a court.
The American delegation achieved some very significant successes in protecting U. The Rome Statute will come into effect when 60 nations have signed and ratified it; at present, 82 nations have signed, and 3 have ratified, though many more are making preparations to do so. In particular, the French, German, British, and Italian governments are all taking the preliminary steps necessary to ratify.
A detailed list of U.
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