Patricia Fernandes da Silva

October 23, 2000

International Organizations and Their Management: The United Nations system

Professor Ahmad Kamal

Assignment # 5

 

 

Introduction:

 

In July 1998 120 countries voted to establish a permanent International Criminal Court.  The court has

Jurisdiction in accordance to its Statute with respect to the following crimes:

·        The crime of genocide;

·        Crimes against humanity;

·        War crimes;

·        The crime of aggression.

The disagreements surrounding the ICC are pertinent to article number 126 which establishes that: International Criminal Court will enter into force on the first day of the month after the 60th day following the date of the deposit of the 60th instrument of ratification, acceptance, approval or accession.  As of today the United States has not yet signed the ratification and some argue that it never will.

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Arguments against US Ratification:

The signature of the ICC ratification has found serious resistance among United States governance.  Some, such as Republican Senator Robert W. Ney went as far as proposing a bill that would prohibit the Unites States from assisting those countries that ratify the treaty.  Furthermore the fact that most country members have opposed Clinton’s administration proposal that the Security Council refer all ICC cases, has made it even more unlikely that the US will sign it. Those opposing it believe that the ratification among other things:

·        Violates the principles of self governance and popular sovereignty;

·        It would allow the ICC to prosecute US military in peace keeping missions;

·        It will interfere with Security Council’s work, and thus undermine US power;

·        The ICC does not cover the war on drugs and terrorism

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Arguments for US Ratification:

Regardless of the strong opposition in Congress and the Senate for the ratification, several international and domestic organizations like human rights watch are putting pressure for the government and the Clinton Administration to ratify the statute.  They Argues that by not doing so the us is:

·        The US is contradicting itself, who proudly proclaims itself as upholder of democracy and freedom;

·        The US is becoming Isolationist by refusing to take part in another international treaty;

·        The other six countries that voted against the treaty (China, Iraq, Israel, Libya, Qatar and Yemen).  Us has allied itself with some of the countries it calls “Rogue States”

·        The US took a position opposed and against ALL its allies.

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Conclusion:

The establishment of this permanent ICC it is a very important step in the direction of world order, justice and human rights.  The fact that the US refuses to sign it is another example of American hypocrisy and one-sided views.  It seems intolerable that the US would want their military and political body (exclusively) to be given special status and be excluded from the treaty.  It is even more inconceivable that they suggest ICC cases be given by the Security council, where as we all know US as a veto power and one could safely assume no crimes against the US citizens (military or otherwise) would ever be indicted.  It is time for the United States to realize that they are alone in this matter, and even dough they are the only superpower left it is not in their political and economic interest to isolate themselves from the rest of the progressive world.