Discussing the International Criminal Court (ICC)
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Scenario: The law firm's international law partner is an international celebrity who was born in Europe and is now a U.S. citizen. He has been invited to speak at an international law conference, and he is going to give a speech on international war crimes. He has been impressed with your work and wants your input regarding the International Criminal Court (ICC).
Specifically, he has asked that you to research the following:
- the history regarding the formation of the ICC
- whether the ICC has any impact on international war crimes
He also needs you to draft a memorandum outlining your research. To complete your research, briefly list and describe the sources of law that the ICC might utilize when trying a case. This task requires you to research and cite at least two (2) sources.
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Solution Summary
International Criminal Court (ICC) is analyzed. The formation of ICC and the impact on international war crimes is discussed.
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History: The international Criminal Court was established by the Rome Statute of the International Criminal Court. It was formed on 17 July 1998, by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court. The Rome Statute is an international treaty binding on those countries that have wanted to be signatories to the treaty.
Way back in 1948, after the Second World War, there was a need to have a permanent court that would deal with the massacres that were committed during the Second World War. There were two statutes drafted by the International Law Commission in 1950. However, these were not pursued because of political problems. The idea of an international court surfaced again in 1989 to deal with the menace of drug cartels. In addition, a series of ad hoc tribunals were held to try war crimes. Finally, the General Assembly convened a conference in Rome in June 1998 and a treaty was finalized on July 17. The date when the treaty became binding is July 1, 2002 and only cases subsequent to it can be heard.
The effectiveness of the International Criminal Court is dependent on the crimes that are included in Article 5 of the Rome Statute and the jurisdiction granted to the International Criminal Court. ...
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