HIST 3001 Lecture Notes - Lecture 21: Rome Statute Of The International Criminal Court, Motu Proprio
Document Summary
Why can"t the icc and the un be separate: the security council is involved in the icc and de ning crimes of aggression. Preemptive power: security council decision trumps other decisions, if the security council says something was not aggression, any other organization that found otherwise would have to stop trials. Plenary: full and complete power, the only deciding factor: only the security council can say that something is aggression, then the icc can try people for it. Victor"s justice: we let countries who are our allies get away with crimes of aggression because they are the victors. Robert jackson and others at nuremberg were aware of the embarrassment of trying. Germans at nuremberg next to soviet soldiers who had committed massive war crimes during wwii. Can a security council member have an individual tried at the icc: self-referral: country reports their situation to the icc for investigation, security council can refer a case (has done this once at sudan.
