Tuesday, November 12, 2019
The ICC and Southeast Asia Essay -- Foreign Relations
The International Criminal Court was formally established 1 July 2002. ââ¬Å"The statue which exercises jurisdiction over four crimes ââ¬â genocide, crimes against humanity, war crimes, and crimes of aggression (applicable only after a further provision defining aggression and conditions of jurisdiction is adopted).â⬠(Toon, 2004: 1). The ICC is considered to be a court that is a last resort. It was implemented for heinous crimes that are committed to be used when states (countries such as Southeast Asia) are not willing or not able to provide justice for such crimes to the victims. To date, Southeast Asia has only two of their eleven states that have implemented the ICC which are Cambodia and Timor ââ¬â Leste. Third world countries have a hard time with prioritizing their affairs. With economic hardships, terrorism, and socio-political taking the precedence over justice for individuals that are victims of the above crimes. There are many questions that have been established in regards to why countries, South East Asia in particular have not become part of the ICC. The author, Valeriane Toon, presents to her readers some questions as to why Southeast Asia has not accepted the International Criminal Court. ââ¬Å"Is it the fear of setting a precedent by consenting to the subjugation of territorial integrity on ethical grounds, which could culminate in a spontaneous compromise of state sovereignty once this, is ensconced into customary law, as articulated by numerous major powers? Or is it simply a rejection of terms propounded by the Statueâ⬠(Toon, 2004: 1)? The other main question that cannot be overlooked is how much influence does the United States may have over the governments of Southeast Asiaâ⬠(Toon, 2004: 1)? Though Toon provides o... ...ow are they able to provide justice when (unfortunately) justice cost money. Toon says that, ââ¬Å"Certain segments of the government are not in favor of the ICC, conscious that it can curb the extent of their liberty and swiftness in the execution of national policies (Toon, 2004: 6). However, the logical conclusion of this would be to amend such factors that infringe on the governmentsââ¬â¢ ability to provide swift justice. Works Cited Toon, Valeriane. ââ¬Å"International criminal court: reservation of non-state parties in southeast Asia.â⬠Contemporary Southeast Asia 26.2 (2004), 218+. Berman, Franklin. ââ¬Å"The International Criminal Courtâ⬠, paper presented at the Fourth International Law Seminar, Singapore, 2 September 2000. ââ¬Å"Coalition for the international Criminal Court, Spring Semester 2012, http://www.icrc.org/eng/assets/files/other/irrc_861_wenqi.pdf.
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