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The International Criminal Court - American Responses to the Rome Conference and the Role of the European Union -

  • The United States insisted that the International Criminal Court would not have jurisdiction to prosecute American nationals. It was to be a court for others, not for them. The Rome Conference insisted on upholding the principle of equal justice for all and consequently rejected American exceptionalism. The Clinton administration nevertheless signed the ICC Statute and remained involved in the post Rome proceedings of the Preparatory Commission for the International Criminal Court. However, when President Bush took office, his administration embarked on a world wide campaign to discredit the ICC. It cancelled the American signing of the ICC Statute, it enacted hostile legislation aimed at frustrating the functioning of the ICC, and it concluded agreements with approximately 50 States that place those States under an obligation not to surrender American nationals for trial in the ICC. The difference of opinion between the United States and the European Union cannot be resolved by diplomatic means since the United States administration is obligated by an American statute to discredit the ICC and to prevent it from operating according to its Statute. The European Union and its Member States will therefore have to embark on a policy of confrontation.

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Author:Johan D. van der Vyver
Series (Volume no.):Rechtspolitisches Forum (19)
Document Type:Book
Date of completion:2011/09/27
Publishing institution:Universität Trier
Contributing corporation:Institut für Rechtspolitik an der Universität Trier
Release Date:2011/09/27
Tag:European Union; International Criminal Court; International Law Commission; Judicial control; Rome Conference
GND Keyword:Internationaler Gerichtshof
Source:Rechtspolitisches Forum ; 19
Contributor:Hoffmann, Bernd von; Robbers, Gerhard
Institutes:Fachbereich 5 / Rechtswissenschaft
Dewey Decimal Classification:3 Sozialwissenschaften / 34 Recht / 340 Recht

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