Essay Sample on The International Criminal Court: US Relations & Complications

Introduction

The International Criminal Court has been in operation since 2003 and its core role is to investigate and prosecute people who are involved in criminal activities across the world. It is committed to ensuring justice is served to all people who are affected by genocides, wars, offenses against humankind. The U.S. has not yet ratified the Roman Statute, and it has not developed obligations towards joining the party. However, there are relations with ICC that sometimes creates complications something that gives the United States tangible explanations why it must not sign the Roman Statute.

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The U.S. has adopted its own laws that protect citizens against crimes and other instances that are regulated by the ICC. Therefore, it does not benefit the U.S. to expose its citizens to international laws that sometimes leaves a confusing message to the people. For instance, there are legislations such as American Service Members Protection Act (ASMPA), which are instituted by the U.S. government to protect citizens against crimes against humanity, aggression, to mention but a few (Barnidge, 2003). Citizens are exempt from the laws and standards of the ICC which in most circumstances vindicates their rights. The U.S. decision of not joining the ICC was developed from the fact that the U.S. was among the instrumental States that tried to create a court that will serve justice to all people but the Rome Statute did not take its interest, especially in drafting of the supplemental codes which helped to explain precise actions of the intent.

Despite that fact that the United States policy concerning ICC varies, it should join ICC to help prevent impunity and other immoral activities done by people in authority. For instance, the United States is against ratifying the Roman Statute since they fear being held accountable for any actions done whether a president or in any position (Barnidge, 2003). If a person in power is involved in any criminal activity, the U.S. has the responsibility to hold that person accountable when they leave the office. This has been a suspicion among the U.S. politicians thus forcing them to develop their laws that benefit them as a State. It is, therefore, important to preserve liberty and heritage by ensuring that there is global peace by having a body that serves justice to all people. At the same time, joining the ICC will make sure that there is hope, forgiveness, and eternal life due to the common belief between the Christians and the Catholics. In reference to family protection, U.S. threats to marriages will be eradicated since international laws are against homosexuality. Individuals will be able to file complaints against all crimes identifiable under some groups.

The nation should not ratify the Roman Statute since ICC is an independent party that has judges and prosecutors who reasonably exercise jurisdiction and opens an investigation after considering that a grave crime has been done. Unlike in the U.S. where an investigation begins, the ICC judges and prosecutors consider that there is reasonable and enough information that will necessitate an investigation (Kania, 2012). Moreover, decisions in the ICC are made upon the collection of evidence then persons convicted are summoned to appear before the courts. This warranties more justice hence accountability despite the courts in the U.S. who require lawyers to provide jurisdiction based on the financial stability of the people who commits crimes. ICC stands for true persecution and judgment, for instance, crimes against humanity and genocides that are directed to some groups of people. Joining ICC is a better decision in order to enforce ideas that are contained in international conventions and also guarantee people rights.

The reason why U.S. sign the Roman Statute is that it lacks three important legal protections: there is no panel of judges or right to quick trial through an independent bench of judges, second, lack of proper assurance such as due process. Third, there is no defense against dual "jeopardy" (Jacobson, 2003). Which means the prosecuting attorney can continuously request for a probationary if he or she obtains a new proof. The International court could prosecute a person if the prosecuting attorney and "Pre-Trial Court" express a lack of satisfaction with a country's court ruling (Jacobson, 2003). By signing the Roman Statute, the state officials will violate the constitution which guarantees lawful protections. In article 111, Section 2, Paragraph 3, of the USC, "The prosecution of all crimes shall be done by the Jury, be held in the State (in the U.S.) where the purposed crime has been committed" (Jacobson, 2003). The Fifth Amendment states that "No person interdicted for the safe criminal offense shall be put in Jeopardy of life or limb twice." Finally, the ICC violates the constitution which guarantees the defendant will like the right to a quick and civic trial, by an independent panel of the State or District where an offense was done."

Another reason why the U.S should ratify the Roman Statute is that ICC prosecuting attorney is given unique and unusual powers to carry out an impartial investigation, prosecute, and interdict any individual within any nation under its control (Jacobson, 2003). Hide from nation information obtained the investigations, and continuously make a plea to the "Pre-Trial Chamber" to allow them to proceed with the case provided there is new evidence of suspected guilt is brought at the court. All these conditions violate the Constitution of the United States. First, the Fourth Amendment safeguards the citizens of America of lawful searches and seizures, right of privacy and warrants to be issued upon the establishment of probable cause (Jacobson, 2003). The legal powers of the Head of State on "Grant, Reprieves, and Pardon for crimes" would be bargained. Another problem if the U.S sign the Roman Statute it would mean they hand over guilty individuals to ICC and the accused might be repeatedly charged.

The United States should sign the Roman Statute because ICC is a court outside the U.S. and with foreign juries. It contains 18 judges working in "Pre-Trial, Trial, and Appeal Chambers (Bolton, 2003). It will violate the United States Constitution which maintains that American citizens found guilty should be prosecuted in the nation. Another explanation is provided the nation fails to ratify the Roman Statute then it means there will be no foreign judge will make a ruling on the cases affecting American citizens. While in Hague, each party nation can propose a single judge, who ought to "be a national of a State Party."

Another reason why the U.S. should not sign the Roman Statute is that the ICC has authority over ambiguously described offenses. These wrongdoings include crimes against humanity, war crimes, genocide, and defines such offenses extensively it becomes hard to discern what are international crimes (Bolton, 2003). It violated the constitution of the United States which states "that crimes within the control of our home-grown, state and national government should be categorized as "international crimes" by the ICC. "Another reason a wrongdoing will only be termed so if the constitution upholds it as a wrongdoing, and a specific administration and court of law has genuine authority over the defendant the U.S. should not sign the Roman Statute since the United Nations has failed to reach an agreement on the "crime of aggression," and differentiate it from the right of self-protection, or the right to strike back after an attack.

Finally, the U.S. must not sign the Roman Statute since the ICC will enforce all crimes not listed in the Roman Statute such as "deliberately documented human rights", "treaties, the canons and the rules of universal law" (Jacobson, 2003). Which means, the Hague based court will definitely be used as an international law court to execute on states "socialistic" procedures and sketchily described civic rights, which will breach the Fourteenth Amendment of the United States Constitution. Also, the United Nation has its own policy "approvals" which prohibits the UN from meddling in matters which are basically involving internal jurisdiction of any nation.

Conclusion

In conclusion, the U.S. becoming a party of the ICC will account for threats in freedom of speech and right to peaceful assembly. In the United States, individual rights are highly guaranteed hence creating a system that preserves justice and national liberty. The U.S., therefore, will ratify the Roman Statute since it is concerned with its constitution, which gives all Americans legal protections and also giving them their freedom to act according to State laws. In most circumstances, what has considered a crime in the United States is not a crime to other countries across the globe.

References

Barnidge, R. P. (2003). The American Servicemembers' Protection Act And Article 98 Agreements: A Legal Analysis And Case For Constructive Engagement With The International Criminal Court. Tilburg Law Review, 11(4), 738-755.

Bolton, J. R. (2003). American Justice and the International Criminal Court. Remarks at the American Enterprise Institute Washington, DC, 3.

Jacobson, T. (2003). 8 Reasons the U.S.A Should Not Participate in the International Criminal Court. Focus of the Family: International Government Affairs Department, 1-6. Retrieved from: http://www.idppcenter.com/Intl_Criminal_Court-8_Reasons_USA_Should_Not_Join.pdf

Kania, H. (2012). The ICC at 10. Harvard Political Review.