The Necessity of the Hague

I believe my reply to John's post is why I favor the ICC at the Hague where specific attention is paid to genocide, war crimes, crimes against humanity,and aggression on a global acale. These crimes are well defined without statute of limitations and are linked to the UN charter, are subscribed to globally, and are unique to the post WWII era. Ad hoc tribunals to try war criminals in a specific conflict with statutes of limitations are more descriptive of ICJ cases and are more legalistically intricate insofar as extradition is concerned such as the cases referenced on the ICJ website. The research web site in our current readings afforded me much insight into the Rome statute and the need for galvanizing definitions of standards of evidence and categorizing these unique cimes by definition of elements. Much thought went into the definition of aggression, and the standards of evidence were quite in line with common law elements of evidentiary standards in U.S. federal law as commented on in Lexis.The Rome treaty and this work on specificity in relating to the crimes of our era necessitated the Hague tribunal as unique and separate and the global community has recognized its need.
Note the below excerpted topics and the similarity to the common law concepts of discovery and disclosure: I obtained this and the Rome statute from the excellent web site alluded to below.
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Edward:
As the world becomes increasingly global, international issues are logically on the rise--including criminal issues.
Why do you think ut took the international community so long to adopt a permanent ICC?
Was it nationalism? What other factors may have played a part?
The need for the ICC was not fully recognized until presented with the debacle of those crimes of genocide, war crimes, and aggression which were anti humanitarian crimes .The spectre either was not so appaling as during and after WWII , or else the global community turned a blind eye to them which they no longer could do because the spectre was so evident and these crimes were widespread and embedded in the global consciousness.Nationalism and its perversive and indeed pervasive camouflages and deceptions were seen in a more glaring light as counter to the true interests of humanity and also the nationalistic perversions of minority rights were seen as an endangerment to all nations. I believe the spectre of the Holocaust played a formative role.

Chapter 4 Provisions relating to various stages of the
proceedings 22
Section I Evidence 22
Rule 63 General provisions relating to evidence 22
Rule 64 Procedure relating to the relevance or admissibility of evidence 22
Rule 65 Compellability of witnesses 22
Rule 66 Solemn undertaking 23
Rule 67 Live testimony by means of audio or video-link technology 23
Rule 68 Prior recorded testimony 23
Rule 69 Agreements as to evidence 24
Rule 70 Principles of evidence in cases of sexual violence 24
Rule 71 Evidence of other sexual conduct 24
Rule 72 In camera procedure to consider relevance or admissibility of evidence 24
Rule 73 Privileged communications and information 25
Rule 74 Self-incrimination by a witness 26
Rule 75 Incrimination by family members 28
Section II Disclosure 28
Rule 76 Pre-trial disclosure relating to prosecution witnesses 28
Rule 77 Inspection of material in possession or control of the Prosecutor 28
Rule 78 Inspection of material in possession or control of the defence 28
Rule 79 Disclosure by the defence 29
Rule 80 Procedures for raising a ground for excluding criminal responsibility under
article 31, paragraph 3 29
Rule 81 Restrictions on disclosure 29
Rule 82 Restrictions on disclosure of material and information protected under
article 54, paragraph 3 (e) 30
Rule 83 Ruling on exculpatory evidence under article 67, paragraph 2 31
Rule 84 Disclosure and additional evidence for trial 31
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