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America's objections to the International Criminal Court

[journal article]

Smaw, Eric D.

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Abstract In what follows, I present a combination of philosophical and political perspectives on human rights and the establishment of an international criminal court. I present the United States’ pragmatic objections to establishing an international criminal court. Contrary to the United States’ pragmatic objections, I argue in favor of an international criminal court. Ultimately, I attempt to illustrate that the international criminal court will have protective measures designed to prevent political abuses of justice. When working properly, these protective measures will satisfy the U.S.’s pragmatic concerns. Thus, I conclude, the U.S. ought not abandon its longer history of supporting the establishment of an international criminal court. (author's abstract)
Keywords International Court of Justice; International Criminal Court; international law; jurisdiction; ratification; United States of America; human rights; stability of law; constitutional state; fundamental right; international organization
Classification Law; International Relations, International Politics, Foreign Affairs, Development Policy
Document language English
Publication Year 2004
Page/Pages p. 1-17
Journal Federal Governance, 1 (2004) 1
ISSN 1923-6158
Status Published Version; peer reviewed
Licence Basic Digital Peer Publishing Licence