POL340Y5 Lecture Notes - Lecture 14: International Law Commission, Nicaragua V. United States, Nuremberg Trials
5 Apr 2015
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The optional clause choosing to be taken to court (icc) if the other party has signed to be part of the icc. Some major countries that have signed the optional clause (germany, india, japan, Canada); most countries that sign are small countries because they have nothing to lose and can be taken to court regardless of having signed the clause or not. Not uncommon for states to withdraw from the optional clause. 17 countries withdrew acceptance of the optional clause (8 of those withdrew after someone took them to court not willing to give up sovereignty and let icj decide it) Us withdrew after being taken to court for the nicaragua case (and they lost the case) Canada to court on the illegality of its reservation, it lost. (this reservation is still in place) Limited only by the fact that only states can bring cases to the icj. They don"t try individuals (icj would not hear that case, icc might)
