The
International Criminal Court (ICC):
- 104 Countries Have Ratified (139 have signed)
- 25 from Western Europe and Other
- 16 from Eastern Europe
- 22 from Latin America and the Caribbean
- 29 from Africa
- 12 from Asia & the Pacific
- Not the United States
- Court became effective July 1, 2002
How are cases initiated
- Referred by a state party
- Referred by the Security Council (Chapter VII of the UN Charter)
- Initiated by the Prosecutor and Approved by the “Pre-Trial Chamber”
US Concerns about ICC include:
- State sovereignty
- States, not international institutions, "are primarily responsible for ensuring justice in the international system"
- Undermines the Security Council (which should have the sole power to determine aggression)
- Creates a prosecutorial system that is “an unchecked power”
- Interferes with the right of self-defense by "chilling" the willingness of countries "to project power in defense of their moral and security interests"
