HIST 3001 Lecture Notes - Lecture 21: Rome Statute Of The International Criminal Court, Motu Proprio
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Wednesday, April 16, 2014
WCT
Crime of Aggression Reading
-why can’t the ICC and the UN be separate?
•the Security Council is involved in the ICC and defining crimes of aggression
-concurrent security council power: security council and ICC has power to determine
where a breach has occurred
•if both the security council and ICC has the power to say that they need to send in
forces, or impose sanctions against the offending country
•these determinations are made separately and the consequences are separate
-preemptive power:
•security council decision trumps other decisions, if the security council says
something was not aggression, any other organization that found otherwise would
have to stop trials
-plenary: full and complete power, the only deciding factor
•only the security council can say that something is aggression, then the ICC can try
people for it
-victor’s justice
•we let countries who are our allies get away with crimes of aggression because
they are the victors
-Robert Jackson and others at Nuremberg were aware of the embarrassment of trying
Germans at Nuremberg next to Soviet soldiers who had committed massive war
crimes during WWII
-is it embarrassing for us to backtrack after we said at Nuremberg that it was this
horrible international crime
•or is it a good policy decision?
-can a security council member have an individual tried at the ICC?
•self-referral: country reports their situation to the ICC for investigation
•security council can refer a case (has done this once at Sudan
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