Photo AI
A nation is a signatory to the Rome Statute - HSC - SSCE Legal Studies - Question 20 - 2020 - Paper 1
Question 20
A nation is a signatory to the Rome Statute. Its president is formally accused by the International Criminal Court of war crimes against her citizens. Why might it ... show full transcript
Worked Solution & Example Answer:A nation is a signatory to the Rome Statute - HSC - SSCE Legal Studies - Question 20 - 2020 - Paper 1
Step 1
A. She would have to consent to be tried.
Answer
In many legal frameworks, a sitting president enjoys certain immunities that protect them from prosecution without their consent. Therefore, if the president does not agree to the trial, it would pose a significant challenge to the legal process.
Step 2
Step 3
C. The International Criminal Court does not have jurisdiction.
Answer
The ICC typically has jurisdiction over crimes committed within the territory of a signatory nation or by its nationals. If the court is unable to establish jurisdiction due to any legal loopholes, it cannot prosecute the case.
Step 4
D. Trying a president in the International Criminal Court is expensive.
Answer
While financial considerations can impact the proceedings, the primary legal barriers revolve around consent and jurisdiction. Thus, although it's true that trials can be costly, it's not the most challenging obstacle in this context.