read my two essay and answer the each questions.(Political science)

Q. Should the United States should join the International Criminal Court?

(1) My discussion answer : U.S. Out of the ICC

The US is not a signatory member of the International Criminal Court (ICC). ICC is a permanent court which was established in 2002 with an ultimate goal of providing justice to the victims of the atrocities committed by countries on citizens, where the country may not be willing to give justice to the victims of war. ICC was established under Rome Statute of which the member states should ratify to become a member of the ICC. ICC enjoys a membership of 124 member countries but the US, China, Russia, and Israel are some of the states that have not ratified the Rome Statute, so they are out of the ICC.

Over different regimes, US position on the ICC has been varying widely. For instance, during Clinton administration, the Rome Statute was signed in 2000 but never presented to the Senate for ratification. During Bush administration is when ICC was founded in 2002; the United States did not join the court, because of the court not putting into consideration the suggestions of the US over the judiciary processes of the court among other issues that were of concern according to the US. During Obama’s reign, the United States has installed a rapport with the ICC just as an observer but the statute was not ratified (Scheffer, 1999). The US among other countries that have not ratified the statute has risen concerned over the court accountability and jurisdiction. The United States has come out clearly stating that ICC has taken the mandate of the United Nation Security Council when it comes to the performance of its operations.

The US has been criticizing the due process in the ICC, the jury trials and the speed of the speed on trials, which may affect the whole process. But other people of different view have opposed the US criticism by saying that ICC has a legal process which is the same as the judicial proceedings outlined in the US constitution. The US has incorporated the legal institution domestically that take to book personnel behind the atrocities, and it has actively participated in peacekeeping and the signing of the peace treaties in work with the aim of having international justice.

The incompatibility of the ICC with the US constitution makes it hard to the US to be in ICC because the Constitution states it clearly that American citizens who have committed atrocities in the American soils should be tried and prosecuted in America. So presenting an America to the ICC is unconstitutional since the Supreme Court is mandated to handle such cases (Wedgwood, 1999). The United States has come out clearly to illustrate how strong their judiciary institutions hence no need on being in the ICC.

As much as most states have criticized the US of not ratifying the Rome Statute, the US has validated their decision with the latest move by most of the countries especially from Africa who has insisted on withdrawing from the Roman Statue due to political influence on the trial process among other reasons that have jeopardized ICC activities.

My professor's comments : Doesn't the Rome Statute permit countries like the United States to try defendants in national courts, Daeun, thereby affording them all the legal protections recognized by local legal precedents?

My answer :

I wrote an essay and my professor gave me a comment. so please answer the question.

(2) My discussion answer : U.S. In the ICC

United States of America should join the international criminal court. The international criminal court is an international tribunal and intergovernmental organization that deals with prosecution of individuals for international crimes against humanity, war crimes and crimes of genocide based in The Hague, Netherlands. The United States should join the ICC because it proclaims to be the primary supporter of human rights around the world. It is hypocritical not to join an institution that defends human rights while claiming to be the number one promoter of human rights. By joining the ICC the U.S will help strengthen the institution and help in the fight for human rights.

It should remove obstacles on its domestic law and start a course of legal convergence with the Rome statutes paving the way for full ratification. Being a leader is setting an example if the United states was to join the ICC it would set an example to the rest of the world that we are serious with the fight against violations on human rights happening in some countries around the world (Starbird, Pettit, & Singleton, 2004). The strength that the ICC needs is the United States barking to deal with countries violating this rights since we have a sway in different countries. For example the Sudan president Al Bashir who is wanted at the ICC and travels to different countries across Africa and Asia if the United States was party to the ICC we would have swayed the countries hosting the president to arrest him on arrival and taken him to Hague.

The joining of ICC won’t expose American officials and service-people to politically motivated harassment if they don’t go against human rights. The argument that that is the reason behind America not being involved does not hold water because one has to have done something that goes against the rights of other people to go to Hague and there are procedures in place to show who deserves such prosecution. America should be at the fore front in fighting for human rights by joining ICC it would boost the institutions influence on other countries and help bring justice to the victims and is some cases help countries find peace. Joining into the ICC will boost America’s campaign on making the world peaceful and stopping genocide by powerful leaders (Lee, 2009). The United States has played a leading role such as the Geneva Convention to making international humanitarian laws and is part of the United Nation and the ICC is part of the United Nations so this reason should make the United states a major supporter of the ICC.

The Bush administration unsigned the Rome statue because they it did not meet all the recommendations the United States wanted in that treaty the United States should keep trying to negotiate a better legal frame work. Joining the ICC will help the U.S incase the political class or the military decide to take justice into their own hands and commit atrocities against the people of the United States there will be an institution ready to give justice to the victims and make sure that their voices are heard. With the violence escalating each day in many parts of the world and human rights violations happening more and more each day for example the war in Syria where we recently saw the president Bashar al-Assad dropping chemical weapons on civilians, if America was part of the ICC it would have made an impact by swaying allies of united states to call for the arrest and prosecution of the Syrian president. United States should join the ICC to help prevent historical injustices like slavery from happening again with the increase in racism and Islamophombia the country needs an international institution like the ICC.

My professor's comments : The United States has a poor record of stopping genocide, Jangho. How do you answer those who claim the Rome Statute violates the Constitution rights of U.S. citizens?

My answer :

I wrote an essay and my professor gave me a comment. so please answer the question.