课程专业:预防跨国犯罪课程 International Cooperation in Crime Prevention
论文作者:51lunwen论文属性:考试题 Examination登出时间:2008-06-10编辑:点击率:10160
论文字数:4000论文编号:org200806101823587096语种:英语 English地区:澳大利亚价格:$ 22
关键词:Subject OutlineCrime and TransnationalFinancial Transactions
Reason for USA Quitting from ICC
On July 1, 2002, The Rome Statute of the International Criminal Court entered into force. The ICC can try individuals for genocide, crimes against humanity and ware crimes if the competent authorities are unable or unwilling to genuinely deal with such cases. Although the Clinton Administration signed the Rome Statute, the Bush Administration didn’t ratify this Statute. So, the United Stated has remained outside of Rome Statute. In a letter to the Secretary General, the United Stated declared that it does not intend to become a party to the Rome Stature and that ‘accordingly, the United Stated has no legal obligation arising from its signature on December 32, 2000’. Furthermore, under the requirement and pressure of America, the United Union passed the UN Security Resolution 1422. Under this Resolution, the Council “requests that the ICC, if a case arises involving current or former officials or personnel from a contributing State not a party of the Rome Statute over acts or omissions relating to a United Nations established or authorized operation, shall for a twelve-month period starting 1 July 2002 not commerce or proceed with investigation or prosecution of any such case, unless the Security Council decides otherwise.” In order to prevent the officials and personnel from being accused and prosecuted in the ICC when they enforce the military operation or join in the peacekeeping action aboard, the USA had signed up bilateral agreements with 70 states, including 50 of the 90 states who support the International Criminal Court (ICC) , to require these countries to exempt US officials and personnel from prosecution in the court.
Why did America quit from ICC? If we in detail understand the realism theory in international relation and its great influence on the diplomacy policy and
strategy in America, especially after the 9.11 Event, it is not curious that why America chose not to ratify the Rome Statute. First, I begin my discussion on the emergency and development of realism theory in
history.
Realism Theory in International Relationship
Realism has a long history, and is always the dominant theory used by the people to understand the international relation. The ancient Athenians think that the world is full of conflicts, and the states struggle for power, so they think the world is anarchic (no overall government), therefore security always has a high priority. In an anarchic system,the rudimental principle of realism is to learn how to survive.
Machivelli is thought as one of the major thinkers in this traditional realism theory. He thought that security is important for the survival of states. So, for the purpose of protecting their security and national interests, the states can do anything, and didn’t mind whether or not an act is judged as good or evil, but only concern the result of the act.
Thomas Hobbes is another key realist thinker who has great influence for the sequent development of realism theory. In his great book “Leviathan”, he thought that people give up their individual freedom in exchange for protection of the state, so the state has the responsibility to prevent the external invasion and injure to its people.
In short, according to the opinion of the early realist, the state shall assume the responsibility in protecting its territorial security, preventing the enemies from invading and protecting its people’s safety.
The realist approach has been the domi
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