International Organization

Just when the specter of Adolph Hitler, the Nazis, and the Nuremberg trials began to dissipate from the world's consciousness toward the end of the 19th century, another phantom began to loom large over a place known as Kosovo. This time, the genocidal leader targeting a people for extermination was named Milosevic. Because of the genocide and heinous crimes against humanity perpetrated by Milosevic, a global call for accountability and justice in the name of humanity arose from the world's leaders. Other brutal dictators like Chile's Augusto Pinochet never face retribution for their crimes against humanity.

In the face of new threats to humanity like Milosevic, the call arose for a permanent court with global jurisdiction to be created. This jurisdiction would pertain to the most serious international crimes, such as war crimes, genocide, and other crimes against humanity. In order to raise accountability for such actions, the United Nations diplomatic conference embraced a treaty to form an International Criminal Court (ICC) in The Hague in the Netherlands. Yet, of the 141 members of the United Nations, only 120 voted in favor of the treaty with abstentions coming from such democratic role-model nations as the United States (Cassel 532). This analysis will review the reasons why an ICC is needed, including the need for more accountability as nations adopt democratic institutions-many for the first

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of the ICC who feels such a measure would take the teeth out of the ICC jurisdiction "It places the primary responsibility for judging war crimes on the national courts of the accused individuals. We already have a classic example of the readiness of our own courts to deal with such a situation in the case of the Mai Lai massacre during the Vietnam War" (Anonymous 28). There seems to be some hypocrisy or a double standard at work in U.S. opposition to the ICC as mandated in 1998. For while it willingly supports the prosecution of President Slobodan Milosevic, it seems unwilling to have its own leaders and soldiers subjected to such jurisdiction. Yet, the continued globalization of the world's markets and governments continues to fuel the move toward a body like the ICC that would help ensure the worldwide rule of law. The ICC operates in a new manner from its historical counterparts. Some common law operated around the world, but former means of bringing officials or soldiers to justice did not specify which crimes were viewed as violating international common law. The ICC is designed to eliminate this flaw of previous World Courts "Until now those crimes have not been defined by international law as such. They have been

Category: Government - I