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The International Criminal Court: Bottlenecks To Individual Criminal Liability In The Rome Statute, Remigius Oraeki Chibueze
The International Criminal Court: Bottlenecks To Individual Criminal Liability In The Rome Statute, Remigius Oraeki Chibueze
Annual Survey of International & Comparative Law
This paper highlights some of the inherent bottlenecks in the exercise of ICC jurisdiction that may diminish the Court's ability to uphold the principle of individual criminal liability. In particular, this paper will analyze the principle of complementarity between the ICC and States Parties to the ICC Statute. Additionally, the legality of the so called Article 98 Immunity Agreement will be discussed. This paper without equivocation contends that the conclusion of Article 98 immunity agreement by ICC States Parties is a clear violation of their obligation to cooperate with the Court and to arrest and surrender suspects to the Court. …
United States Objection To The International Criminal Court: A Paradox Of "Operation Enduring Freedom", Remigius Chibueze
United States Objection To The International Criminal Court: A Paradox Of "Operation Enduring Freedom", Remigius Chibueze
Annual Survey of International & Comparative Law
There has been tremendous success in the signing and ratification of the ICC Statute. To date, 139 countries have signed and 89 countries, encompassing countries from all regions of the globe, have ratified the statute, which took effect on July 1, 2002 after being ratified by more than 66 countries. While most countries declared their support for the ICC, the U.S. was not in favor of signing the statute and therefore voted against it. There is no doubt that the September 11, 2001 attacks on the United States were crimes against humanity as contained in the Rome Statute. Therefore, if …