52 votes
Accepted

Can a country avoid prosecution for crimes against humanity by denying it happened?

Your question is slightly at odds with reality. First off, with the important exception of the US government, nobody sensible is quibbling over the mounting amount of evidence that Agent Orange had ...
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28 votes

Can a country avoid prosecution for crimes against humanity by denying it happened?

Countries are not usually prosecuted, only the individuals responsible in the command structure. There is an international criminal court; not only has the US not signed up to obey its judgements, ...
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  • 21.3k
21 votes
Accepted

Why US is opposing International Criminal Court?

The united states has never really been supportive of international law treaties. The main reason is many of them violate rights granted to citizens and are fairly major breaches of sovereignty. Most ...
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  • 13k
15 votes

Have the leaders of UN Security Council permanent member states ever been tried for war crimes?

The question seems to assume that a security council resolution is necessary to try somebody for war crimes. This is incorrect. The ICC is at liberty to investigate crimes within its jurisdiction, ...
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  • 2,046
15 votes

Are there benefits except moral support for the victim country to approach ICJ when the offender is a UNSC Permanent member?

It's a reputational cost to the US. Ask yourself, you are right now quoting the US vs Nicaragua controversy. How much of your awareness of that controversy is precisely derived from that "...
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9 votes

Can a country avoid prosecution for crimes against humanity by denying it happened?

It does not appear that the US employed Agent Orange as a chemical weapon, with the goal of causing cancer in the Vietnamese 30 years later. That was an unexpected side effect, not really understood ...
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  • 9,999
7 votes

Have the leaders of UN Security Council permanent member states ever been tried for war crimes?

With regard to the title question of whether a leader of one of the UNSC permanent members has ever been tried for war crimes, the answer is no. The broader question of whether a citizen of these ...
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  • 80.3k
7 votes
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Can a country be held liable for the actions of a private military company domiciled in it?

That's simply not how international law works. Even when a country's regular military (not a private military contractor) openly defies strong international norms, prosecution is not a likely outcome. ...
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  • 29.6k
6 votes

Why US is opposing International Criminal Court?

The general answer is that independent courts which have the power to prosecute and publicize injustice and are potentially equipped to enforce justice; that such courts protect the weaker ones from ...
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5 votes
Accepted

Does the US withdrawal from 1955 Treaty of Amity have any effect on the ICJ's vote about US sanctions on Iran?

1. Was this treaty approved by the Congress or the Senate? And in that case, does it mean treaty's termination also requires the Congress/Senate approval? Within the treaty it states: Ratification ...
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5 votes

How does the ICC enforce its judgements?

Rome Statute, Article 103: Article 103: Role of States in enforcement of sentences of imprisonment (a) A sentence of imprisonment shall be served in a State designated by the Court from a list of ...
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4 votes

Where can I find a list of the cases brought to the International Court Of Justice?

The World Legal Information Institute maintains a database of ICJ cases. The database is updated on a quarterly basis and it seems to include all cases (dismissed or not). For example, it includes ...
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  • 9,502
3 votes

What was the US reaction to the 2004 ruling by the World Court that the Israeli border wall was illegal?

From Attacks Against the World Court by Bush, Kerry, and Congress Reveal Growing Bipartisan Hostility to International Law by Stephen Zunes: On July 9, the International Court of Justice (ICJ) ...
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3 votes

Good Friday Agreement and WTO rules

if the EU chose to uni-laterally erect a border violating the GFA The EU cannot do that. The border on one side is controlled by the UK Government and the sort-of-not-completely independent Northern ...
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3 votes

Why is indian spy case in international court?

The question before the court is not a question of "Is Jadhav guilty". Nor is it "Should Jadhav be executed". The court is not investigating a criminal case, as that is a matter for the national ...
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  • 92k
2 votes

How is judicial independence ensured for International Tribunals?

How is judicial independence ensured for International Tribunals? When an international tribunal is formed, the treaty that gives rise to it (for that is the only way an international tribunal can ...
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  • 51.3k
2 votes

Can a country avoid prosecution for crimes against humanity by denying it happened?

Yes, because you cannot criminally prosecute a country whatsoever, period. International public law is (1) a protocol for international politics and (2) a set of conventions to resolve disputes ...
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  • 1,749
2 votes

What mechanisms are available to seek compensation from the UK in relation to Brexit-related disputes?

The Institute for Government has published an explainer on this, the most relevant part of which is below, and sets out the two parties' current negotiating stance: UK–EU trade disputes If the ...
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  • 80.3k
2 votes

Why was no significant action taken againt Omar al-Bashir even after ICC issued arrest warrent for genocide?

International law is evolving over time. One trend in recent decades was to go away from strict respect for Westphalian Sovereignty towards the Responsibility to Protect which implies both a right and ...
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  • 77.9k
1 vote

What was the US reaction to the 2004 ruling by the World Court that the Israeli border wall was illegal?

In addition to the previous answer, I would like to point out that both the USA and Israel believe that democratic countries that have their own viable court system which is independent from the ...
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  • 1,762
1 vote
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Why did Uganda waive its counterclaim against the DRC?

According to the submissions to the court (pg. 70) by then Attorney General of Uganda William Byaruhanga, this claim was waived as a gesture of good faith and an attempt to help bring an amicable end ...
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  • 80.3k
1 vote

Why was no significant action taken againt Omar al-Bashir even after ICC issued arrest warrent for genocide?

The arrest warrant for al-Bashir was the first warrant issued against an acting head of state, so there is not much precedent for what to do in such a situation. The warrant was somewhat contentious, ...
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  • 6,855
1 vote

Can China still be punished under UNCLOS in the Philippines v China case?

In my opinion, no they won't be punished and to some extent, they CANNOT be punished at this point. They started out with small violations that went unnoticed and have now made it to this but the ...
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  • 127
1 vote

Can a country avoid prosecution for crimes against humanity by denying it happened?

If they could prove that the people broke US law when making, ordering them to be dropped and dropping them, then maybe perhaps they could try to sue USA. USA is not part to ICC so there's no ...
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1 vote
Accepted

Has the UN Terrorist Financing Convention had a material impact?

Outside of the case you cited it doesn't look like there has been any material impact from this convention. This doesn't make it useless however, this is something that many would argue is useful to ...
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  • 9,874
1 vote

International Court of Justice and its jurisdiction

TL;DR The ICJ has jurisdiction only if two states refer a matter to the court, or if a treaty (of course, one that is ratified by the parties) provides for jurisdiction. In practice, many countries ...
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  • 1,749
1 vote

International Court of Justice and its jurisdiction

To answer this, I'm going to summarize the relevant Wikipedia page. You're right that the ICJ has no binding authority to compel states to follow its rulings. Thus, there's two types of cases it ...
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