Presented by: Daniel Ciarmiello, Ericka Nicoletti, and Jessica Pena.

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Presented by: Daniel Ciarmiello, Ericka Nicoletti, and Jessica Pena

Important Dates  Nuremburg Trials May 3 rd, November 12 th, 1948  Tokyo Trials May, 1993  International Criminal Tribunal for Yugoslavia December,1994  International Criminal Tribunal for Rwanda July 17, 1998  Rome Statute of ICC July 1 st, 2002  Enactment of the International Criminal Court

Assembly of State Parties 18 Judges (9 year terms, Non-renewable) Prosecutor Registrar Elected by 2/3 Majority Elected by Absolute Majority Presidency (2 vice presidents) Elected by Absolute Majority What is the Structure of the ICC?

Submission of Cases 1)Security Council 2)Member State 3)Prosecutor Pre-Trial Chamber (1-3 judges) Warrants, Witnesses Majority Rule Trial Chamber (3 judges) Majority Rule Appeals Court (5 judges) Prosecutor Can Appeal What is the Process in the ICC?

Key Provisions of the Rome Statute Article 5- Crimes Under the Courts Jurisdiction -Articles 6 –Genocide -Article 7- Crimes against Humanity -Article 8- War Crimes Article 121- Amendments Article 12- Pre-Conditions to the Exercise of Jurisdiction Article 22- Nullum Crimen Sine Lege

Important Facts No reservations allowed according to Article 120. Any country that decides to join the ICC after the deadline must ratify upon it joining. Ad hoc Tribunals are still allowed regardless of the ICC. The ICC contrary to the World Court and the International Court of Justice tries individuals as opposed to states. The ICC is an independent body from the UN.

The United States should join the ICC. 1.Strongly agree 2.Somewhat agree 3.Neutral 4.Somewhat disagree 5.Strongly disagree 6.Not Sure

Proposition: “The United States should join the ICC.” Arguments in favor: As a so called free country where liberty and justice rule, and a promoter of human rights we have no other course than to accept the invitation to join the ICC. The U.S. should join the ICC because of the powers granted in the Rome Statute solely to the State Parties to the Treaty. Arguments against: The U.S. should not join because of the jurisdiction of the court provided in Article 12 – the sovereignty issue. “Now then, with the establishment of a prominent International Criminal Court [ICC] drawing nearer and nearer, the fact that American servicemen and officials may one day be seized, extradited and prosecuted for war crimes is growing. And indeed, that day may already have arrived". I]] The Prosecutor may become politicized by the Parties bringing the “case” to the Court acting in disfavor of the U.S. [i] United States Congress. Committee on Foreign Relations (2000). The International Criminal Court: protecting American servicemen and officials from the threat of International Prosecution. Washington, DC: U.S. Government Printing Office. [i]

Ad hoc tribunals are ineffective and inefficient. 1.Strongly agree 2.Somewhat agree 3.Neutral 4.Somewhat disagree 5.Strongly disagree 6.Not Sure

Proposition: “Ad hoc tribunals are ineffective and inefficient.” Arguments in favor: There is not a legitimate way to form an ad hoc tribunal. Ad hoc tribunals are time consuming and costly. Arguments against: Current ad hoc tribunals have been successful. Tribunals have served as a model for the ICC.

The ICC will deter crimes such as genocide, crimes against humanity, and war crimes. 1.Strongly agree 2.Somewhat agree 3.Neutral 4.Somewhat disagree 5.Strongly disagree 6.Not Sure

Proposition: “ The ICC will deter crimes such as genocide, crimes against humanity, and war crimes. ” Arguments in favor: Without a supreme authority, theses crimes will go unpunished. Once a potential war criminal is aware of the consequences they will reconsider carrying out their mission With the presence of the ICC a potentially dangerous group or mob may attempt finding a more diplomatic way of resolving their issue. Arguments against: Heinous acts are due to deep rooted hatreds and are inevitable. Regardless of law or presence of a supreme justice, one will carry out these crimes in the name of religion, righteousness, or nobility. The consequences are an afterthought. Crimes are inevitable due to the violent nature of war.