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International Criminal Law Has Lost Its Innocence

Published online by Cambridge University Press:  06 March 2019

Extract

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There was a principle, which read: \“All persons are equal before the law.\” It is this achievement of the French revolution with its quest for \“egalité,\” which is today enshrined in international human rights treaties and national constitutional law, including the American Constitution. This principle no longer seems to apply since the passage of Security Council Resolution 1422 (2002) of July 12th, at least not in international criminal law. It now reads: \“All persons are equal before the law, with the exception of those that are citizens of the United States of America.\” That the principle was set aside at the same time for other non-treaty parties of the International Criminal Court (ICC), above all China, Russia and India, does not improve the matter. They are joyful beneficiaries of the US initiative.

Type
Research Article
Copyright
Copyright © 2002 by German Law Journal GbR