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International Law
 
Category:   Section Meetings
Date: March 9, 2011 / 12 noon
Location: Anchorage / Federal Defender Agency 601 W. 5th Avenue, Suite 800
 

The International Criminal Court.  Co-chair Andy Haas, is the guest speaker.  The International Criminal Court was created by treaty, entering into force in July 2002. A number of countries, including the US and China are not parties to the treaty and have actively acted to oppose the Court. In 2002, the US Congress even passed a law that would authorize the use of force against any country that imprisoned a member of the American military detained by the ICC, suggesting American paratroopers dropping into the Hague in the Netherlands.

The ICC allows for jurisdiction for crimes committed within the countries that have ratified the treaty (now standing at 111). But it also allows for jurisdiction over all countries if the UN Security Council refers their case to the ICC. This has happened twice. In 2005, the Security Council (with China and the US abstaining) referred Sudan to the ICC for the situation in Darfur. And on February 26th all members of the Security Council voted unanimously to refer Libya to the ICC. Neither Sudan nor Libya are members to the ICC, providing a just criticism among those countries that they have not acceded to the ICC.

How will this work out? Will the ICC gain acceptance? Is it becoming an unfunded tool of the Security Council? Will the African criticism undermine its authority? Surprisingly, these issues have not been discussed, which is interesting in itself.  1 General CLE Credit.   

For more information, please contact co-Chairs Andy Haas at yatra@ak.net or 907-235-1007; Nevhiz E. Calik Russell at nevhiz.calik@alaska.gov or 907-269-1994; or Julie Webb at julie.webb@alaska.gov or 907-274-3937.



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