International Criminal Court : overview and selected legal issues / Jennifer Elsea.

Format:

Book

Author/Creator:

Elsea, Jennifer.

Language:

English

Subjects (All):

International Criminal Court.

International criminal courts.

Physical Description:

1 online resource (77 p.)

Edition:

1st ed.

Place of Publication:

New York : Novinka Books, [2003]

Language Note:

English

Summary:

The International Criminal Court (ICC) is the first global permanent international court with jurisdiction to prosecute individuals for the most serious crimes of concern to the international community. The United Nations, many human rights organizations, and most democratic nations have expressed support for the new court. The Bush Administration firmly opposes it and has formally renounced the U.S. obligations under the treaty. At the same time, however, the Administration has stressed that the United States shares the goals of the ICC s supporters-promotion of the rule of law- and does not intend to take any action to undermine the ICC. The primary objection given by the U.S. in opposition to the treaty is the ICC s possible assertion of the jurisdiction over U.S. soldiers charged with war crimes resulting from legitimate uses of force. The main issue faced by the current Congress is whether to adopt a policy aimed at preventing the ICC from becoming effective or whether to continue contributing to the development of the ICC in order to improve it. This book provides a historical background of the negotiations for the Rome Statute, outlines the structure of the International Criminal Court (ICC) as contained in the final Statute, and describes the jurisdiction of the ICC. The book further identifies the specific crimes enumerated in the Rome Statute as supplemented by the draft elements of crime. A discussion of procedural safeguards follows, including reference to the draft procedural rules. The book then goes on to discuss the implications for the United States as a non-ratifying country when the ICC comes into being, and outlines some legislation enacted and proposed to regulate U.S relations with the ICC.

Contents:

Intro

INTERNATIONAL CRIMINAL COURT: OVERVIEW AND SELECTED LEGAL ISSUES

Library of Congress Cataloging-in-Publication Data

CONTENTS

PREFACE

Chapter 1: INTRODUCTION AND NEGOTIATING HISTORY

Chapter 2: STRUCTURE OF THE ICC

THE JUDGES OF THE ICC: THE PRESIDENCY AND TRIAL DIVISIONS

PROSECUTOR

REGISTRY

ASSEMBLY OF STATES PARTIES

Chapter 3: JURISDICTION

SUBJECT MATTER JURISDICTION

Genocide

Crimes against Humanity

War Crimes

Aggression

JURISDICTION OVER PERSONS

TRIGGERING MECHANISMS

ICC JURISDICTION OVER CITIZENS OF NON-PARTIES

COMPLEMENTARITY AND OTHER CHALLENGES TO JURISDICTION

Chapter 4: RULES OF PROCEDURE AND EVIDENCE

THE RIGHT TO A JURY TRIAL

THE PRESUMPTION OF INNOCENCE

THE PRIVILEGE AGAINST COMPELLED SELF-INCRIMINATION

THE RIGHT TO CONFRONT WITNESSES

THE PROTECTION AGAINST DOUBLE JEOPARDY

THE FREEDOM FROM UNREASONABLE SEARCHES AND SEIZURES

THE RIGHT TO BE PRESENT AT TRIAL

THE RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL

THE RIGHT TO A SPEEDY AND PUBLIC TRIAL

RIGHT TO APPEAL

FREEDOM FROM INDEFINITE OR ARBITRARY DETENTION

Chapter 5: IMPLICATIONS FOR THE UNITED STATES AS NON-MEMBER

OBSERVER ROLE

POLITICAL IMPLICATIONS

Chapter 6: CONGRESSIONAL ACTION

AMERICAN SERVICE MEMBERS' PROTECTION ACT OF 2001

THE AMERICAN SERVICE MEMBER AND CITIZEN PROTECTION ACT OF 2002

THE AMERICAN CITIZENS' PROTECTION AND WAR CRIMINAL PROSECUTION ACT OF 2001

INDEX.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-62948-531-4

OCLC:

923671221