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She suggests a combination of the two approaches.
Besides posing a threat to America's sovereignty, some aspects of the ICC pose a threat to the rights of American citizens. Many legal protections that Americans are entitled to under our constitution have no place so far in the ICC's treaty. Dempsey points out that "the prohibition against double jeopardy, the right to trial by an impartial jury, and the right of the accused to confront the witnesses against him" are American legalities not present in the ICC, and by agreeing to hand over our nationals for trial in an internationally-regulated courtroom we are denying them these constitutional rights and participating in an unconstitutional act...
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She suggests a combination of the two approaches.
Besides posing a threat to America's sovereignty, some aspects of the ICC pose a threat to the rights of American citizens. Many legal protections that Americans are entitled to under our constitution have no place so far in the ICC's treaty. Dempsey points out that "the prohibition against double jeopardy, the right to trial by an impartial jury, and the right of the accused to confront the witnesses against him" are American legalities not present in the ICC, and by agreeing to hand over our nationals for trial in an internationally-regulated courtroom we are denying them these constitutional rights and participating in an unconstitutional act...
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General points of the essay
The Impending Threat
Judicial activism is necessary to protect the rights of American Citizens.
Insider Threat
China threat
Threat At Home
Should International Criminal Court Have Jurisdiction Over Darfur Atrocities?
The Threat Of Death
Which Groups Pose an Urban Terrorist Threat
Nature Of Threat
Threat to Humanity
Do Mobile Phones pose a serious threat to people's health?
GMA and Another 'EDSA' threat
International criminal court
THE DISASTER THREAT
The Threat of Islamic Terrorism
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