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International Criminal Court : policy, status and overview / Harry P. Milton, editor.

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Format:
Book
Contributor:
Milton, Harry P.
Language:
English
Subjects (All):
International Criminal Court.
International criminal courts.
Physical Description:
1 online resource (165 p.)
Edition:
1st ed.
Place of Publication:
New York : Nova Science Publishers, 2009.
Language Note:
English
Summary:
One month after the International Criminal Court (ICC) officially came into existence on July 1, 2002, the President signed the American Servicemembers' Protection Act (ASPA), which limits US government support and assistance to the ICC.
Contents:
Intro
INTERNATIONAL CRIMINAL COURT: POLICY, STATUS AND OVERVIEW
CONTENTS
PREFACE
INTERNATIONAL CRIMINAL COURT CASES IN AFRICA: STATUS AND POLICY ISSUES*
ABSTRACT
INTRODUCTION
BACKGROUND
Overview of the International Criminal Court
International Court of Justice
Congressional Interest in the ICC in Africa
THE ICC AND SUDAN
U.N. Security Council Resolution 1593
ICC Warrants
Investigation of Rebel Crimes
The Case Against Bashir
The Bashir Administration
Other Sudanese Reactions
Security Council Considerations in July 2008
OTHER ICC CASES IN AFRICA
Uganda [84]
Democratic Republic of Congo (DRC)
Central African Republic (CAR)
ISSUES RAISED BY THE ICC'S ACTIONS IN AFRICA
Potential Impact
Accusations of Bias
Justice vs. Peace?
Implications for Future U.S. Policy on the ICC
APPENDIX A. LIST OF AFRICAN STATES SHOWING WHETHER THEY ARE PARTIES TO THE ICC AND HAVE RATIFIED THE "ARTICLE 98 AGREEMENT"
REFERENCES
U.S. POLICY REGARDING THEINTERNATIONAL CRIMINAL COURT*
U.S. OBJECTIONS TO THE ROME STATUTE
Issue #1 Jurisdiction over Nationals of Non-Parties
Issue #2 Politicized Prosecution
Issue #3 the Unaccountable Prosecutor
Issue #4 Usurpation of the Role of the U.N. Security Council
Issue #5 Lack of due Process Guarantees
CONGRESSIONAL ACTION
American Servicemembers' Protection Act of 2002
Restrictions on Participation in Peacekeeping Missions
Restriction on Provision of Military Assistance
Authority to Free Persons from ICC
Waivers and Exceptions
The Nethercutt Amendment
National Defense Authorization Act for FY2007
Prospective Legislation
IMPLICATIONS OF THE ICC FOR THEUNITED STATES AS A NON-MEMBER
Observer Role
Foreign Policy Implications.
Strategy for Precluding ICC Prosecution of U.S. Troops and Officials
INTERNATIONAL CRIMINAL COURT: OVERVIEW AND SELECTED LEGAL ISSUES
INTRODUCTION AND NEGOTIATING HISTORY
STRUCTURE OF THE ICC
The Judges of the ICC: The Presidency and Trial Divisions
Prosecutor
Registry
Assembly of States Parties
JURISDICTION
Subject Matter Jurisdiction
Jurisdiction over Persons
Triggering Mechanisms
ICC Jurisdiction over Citizens of Non-Parties
Complementarity and Other Challenges to Jurisdiction
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
IMPLICATIONS FOR THE UNITED STATES AS NON-MEMBER
Political Implications
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:
Excerpted from CRS reports.
Includes bibliographical references and index.
Description based on print version record.
ISBN:
1-61470-107-5
OCLC:
758005898

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