The impact of national and international debate in Albania on the jurisdiction of the International Criminal Court

Abstract

ICC has international legal personality, also it will exercise its legal capacity as much as is necessary to perform its functions and purposes. Despite the support and willingness of many countries to accept and cooperate with the ICC, there are numerous countries that do not accept an institution such innovative product of international law. Although that the European Union hold a unique position to support the ICC, the U.S. holds an opinion contrary, reject it and has attracted signing that made Rome Statute on 31 December 2000. U.S. not only have not accepted the Statute of the ICC, but at the same time to protect especially their armed forces to respond to different countries that have committed crimes falling within the jurisdiction of the ICC, have signed bilateral agreements with specific countries, so that U.S. citizens are not subject to the jurisdiction of the ICC, but the jurisdiction of the United States. Albania is one of the states that has approved the agreement with the United States regarding the jurisdiction of this court. It commits Albania not to deliver or transfer an officer, employee, military personnel or U.S. citizens to the Criminal Court without the consent of the U.S. government. This arrangement is highly regarded by the United States, while the representatives of the European Union there have been criticisms of the decision of Albania. From this the wider debate on the jurisdiction of the ICC, we conclude that the States Parties and the Court must in a foreseeable future to develop a new system of best effective cooperation in criminal practices : direct, flexible, free of bureaucracy unnecessary, with a rapid flow of information and support measures. This system should take into account that the ICC can only be as strong as allowing by States Parties.

DOI: 10.5901/mjss.2014.v5n19p280