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Sample Essay on Supranational Courts

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Sample Essay on Supranational Courts

Supranational courts

The United States failed to ratify the Rome statute because it is believed the statute infringes a few constitutional rights. The court has the mandate to prosecute cases it believes national courts are unable to prosecute. The United States views that as a breach of the supreme law that gives it the mandate to prosecute its citizens on United States soil. The country believed that ratifying this statute would expose its citizens to laws other than those that should judge them. The court is also viewed as a threat to sovereignty of state. This is because the powers of the court appear to override that of the state. The court is given the power to prosecute where it feels human rights have been infringed. This is common in cases where genocide is claimed to have taken place. In such instance, the court issues arrest warrants for people suspected to have carried out the crime or masterminded it. The court does this without consulting the government of the affected country.

The powers of the court do not threaten the sovereignty of a state or the supreme law of the land. The law is in most cases designed to punish crimes that are universally outlawed in all countries. This implies that the few difference that appear between the Rome statute and the United States constitution are a fault of the government and not the supranational court. One of the main differences is in the definitions of the word genocide, which differs between the Rome statute and the United States constitution. The government should update the constitution to align it with the Rome statute and making it equal to but not superior to the United States constitution. This way the international criminal court will not be viewed as subjecting United States nationals to a different set of laws, should it deem it fit to prosecute the citizens.

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