The Courts and Legal Professionals
According to the United States, the treaty was against their ethics. For example, ICC prosecutes people before a panel of judges but lacks jury trials. The lack of a jury trial violates the right to undergo due process before conviction. Also, the US believes it is unconstitutional to subject individuals to the court of another nation, violating the law of the land (McKenney, 2013).
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The media can portray a case in a way that sparks concern from the public and thus affects a judge’s impartiality. Therefore, a judge must be impartial regardless of all external pressures to gain public trust and judge according to the law. Also, this principle can be impeded by the judge’s corruption, but to overcome his interests, the judge should solely depend on the evidence presented in court.
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References
McKenney, S. (2013). The Need to Ratify the Rome Statute: The United States and Its International Obligation. E-International Relations Students. https://www.e-ir.info/2013/05/17/the-united-states-need-to-ratify-the-rome-statute/
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Question
The Courts and Legal Professionals
Please respond to the following:
Examine at least two (2) ethical concerns surrounding supranational courts that may have an influence on the United States’ reluctance to ratify the Rome Statute.
Express the extent to which you agree these ethical concerns are valid. Provide support for your response.
According to the textbook, judicial independence is a driving principle in the court system. Determine at least two (2) factors that can impede this principle and debate the extent to which the court system can overcome each factor.