An analysis of the United States position on the international criminal court and its effect on the ratification process in the Philippines : some implications for Southeast Asia
2
Issued Date
2004
Copyright Date
2004
Resource Type
Language
eng
File Type
application/pdf
No. of Pages/File Size
viii, 161 leaves
ISBN
9740451047
Access Rights
open access
Rights
ผลงานนี้เป็นลิขสิทธิ์ของมหาวิทยาลัยมหิดล ขอสงวนไว้สำหรับเพื่อการศึกษาเท่านั้น ต้องอ้างอิงแหล่งที่มา ห้ามดัดแปลงเนื้อหา และห้ามนำไปใช้เพื่อการค้า
Rights Holder(s)
Mahidol University
Bibliographic Citation
Thesis (M.A. (Human Rights))--Mahidol University, 2004
Suggested Citation
Balais-Serrano, Evelyn An analysis of the United States position on the international criminal court and its effect on the ratification process in the Philippines : some implications for Southeast Asia. Thesis (M.A. (Human Rights))--Mahidol University, 2004. Retrieved from: https://repository.li.mahidol.ac.th/handle/123456789/107669
Title
An analysis of the United States position on the international criminal court and its effect on the ratification process in the Philippines : some implications for Southeast Asia
Author(s)
Advisor(s)
Abstract
The Rome Statute of the International Criminal Court, adopted in 1998 by 120 states and later signed by 139 states, entered into force on July 1, 2002, with the required minimum of 60 countries worldwide initially ratifying the treaty. The ICC is the first permanent and independent international criminal court that will prosecute the most serious crimes of international concern: genocide, war crimes, crimes against humanity and the crime of aggression, which has yet to be defined. On 31 December 2000, the United States under President Clinton signed the Rome treaty creating the ICC. On May 2002, under the Bush administration, the US withdrew its signature from the Rome treaty, and worked for UN Security Council resolutions and bilateral immunity agreements---all intended to seek immunity for US nationals from any prosecution by the ICC. The US Congress also passed on August 2, 2002 the American Servicemembers' Protection Act which cuts military assistance to countries that become parties to the Rome treaty and gives authority to the President to waive this if the state enters into an immunity agreement with the US or if he decides that it is in the national interest of the US. The study showed how the historical colonial experience of the Philippines and other forms of ties or relations with the US continues to play an important role in the decision making of whether to ratify or not the ICC and other issues related to the US. The study also showed how the US position of unsigning the Rome treaty, working on Security Council resolutions and getting countries to sign bilateral immunity agreements have seriously undermined the Court---resulting in non-ratification of the Rome treaty by most countries in the region. Such non-ratification has serious implications on both the negative and positive aspects of the human rights situation in the Southeast Asian region. While governments in the region succumb to US pressure and allow their people to be in more vulnerable situation, as an effect of non-ratification, more a
Description
Human Rights (Mahidol University 2004)
Degree Name
Master of Arts
Degree Level
Master's degree
Degree Department
Faculty of Graduate Studies
Degree Discipline
Human Rights
Degree Grantor(s)
Mahidol University