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The International Criminal Court within the Geopolitical World Order

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Chapter Summary

This chapter discerns the contribution of international criminal tribunals to and within the world order. It also addresses potential pitfalls of these tribunals which have led States such as Russia, the United States (U.S.), China, Syria, Pakistan and Israel to abstain from ratifying the Rome Statute. The main reason for U.S. opposition to the International Criminal Court (ICC) was to preclude prosecution before the ICC of its own soldiers operating abroad. According to China, alleged war crimes and crimes against humanity committed in an internal armed conflict should be dealt with by domestic courts. China is of the opinion that war crimes should be dealt with by national jurisdictions, and, moreover, that the war crimes enlisted in the Rome Statute do not reflect customary international law. The Achilles heel of the ICC system revolves around the fairness of the selection process of its cases.

Keywords: China; internal armed conflict; International Criminal Court (ICC); international criminal tribunals; Israel; Rome Statute; Russia; United States (U.S.); world order

10.1163/9789047429012_012
/content/books/b9789047429012s012
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