Journal Article

The International Criminal Court: a American view

R Wedgwood

in European Journal of International Law

Published on behalf of The EJIL

Volume 10, issue 1, pages 93-107
Published in print January 1999 | ISSN: 0938-5428
Published online January 1999 | e-ISSN: 1464-3596 | DOI:
The International Criminal Court: a American view

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The international community has been chastened by the recent record of brutal civil wars. Violation of humanitarian standards has become a tactic of war. The attempt to strengthen enforcement of the law of war through a permanent international criminal court is thus a signal event. The negotiations conducted in Rome in 1998 did not solve all the difficulties that attend a permanent court. These include the problem of amnesties in democratic transitions, the necessary role of the Security Council in UN security architecture, the conflict between broad jurisdiction and developing the law, the role of consent as a treaty principle and third party jurisdiction, the handling of treaty amendments, and the inclusion of 'aggression' as a crime with no agreement on its definition. The necessary role of the United States in providing effective enforcement of ICC judgments warrants continued negotiation to overcome these differences.

Journal Article.  0 words. 

Subjects: Public International Law

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