At Stardate 20030626.0002, Jan Coffey wrote:
> IIRC, that's not going to happen: the EU recently decided NOT to > federalise.
Yes and the lack of the other two branches is troubeling.
The EU doesn't have these three branches yet because it's not a country; the EU is a body in which a number of countries cooperate on many levels.
And you must keep in mind that the EU and the ICC are two entirely different bodies; the ICC is not an EU court, it's a world court that just happens to have its offices in an EU member country.
> >What you will learn is that federal chriminal law is a very fragile > >creature. The only reason that our system works is becouse we have > >seperate bodies of governemnt. Legislative making the laws, Executive > >inforcing the laws, and Judicial judging the law in practice. > > That cannot be the reason. The Netherlands is not a federal country, but we > do have those exact same three separate branches: Legislative, Executive > and Judicial. Works just fine.
The point is you are one state, one people with more or less simmilare concerns. The US is a diverse people. The local culture in florids is very different from that in California, Texas is differnt than New Youk etc.
You have never travelled around The Netherlands, have you? We are a very diverse people, which is understandable when you realise that we have people of pretty much every nationality and cultural background living within our borders. Local cultures very greatly throughout the country.
Our country may be a lot smaller than the US, but that doesn't mean we're some small homogenised society. In many respects we are quite similar to the US, the only difference is in the sheer scale.
The Netherlands has a very effective governemnt and one they should be very proud of. But they have not delt with the issues of governing geographicaly disperate, culturaly differnt, peoples with often differng values of areas of intrest.
You'd be surprised. Not only do we have to keep the interests of a very diverse people in mind (who have very diverse culture backgrounds, different values and conflicting interests), we also have plenty of experience in governing people who are living in other places in the world. We've had colonies in SE Asia, Surinam was part of the Kingdom before it gained independence, and the Netherlands Antilles are still Dutch (albeit with ever-increasing self-governance).
The US would not trust a "Judicial branch only" ICC
You don't get it. The ICC is not a country and therefore can't have a Legislative branch, an Executive branch and a Judicial branch. The international community is gradually moving to forming a world government, and the ICC would be part of the Judicial branch of that government.
You seem to be insisting that a court must have all three of these branches. Does any US court (which is by definition part of the US Judicial branch) have a Legislative, an Executive and a Judicial branch itself? That seems unlikely, as it would mean that a court can act as if it is a country in itself.
> >Further we would have to have equal (by population not by state)
> >democratic control over who manned the positions of such a governement.
>
> Why would you want to have that particular form of control over the ICC,
> when you don't even have that same particular form of control over your own
> government?
>
We do. The number of congraspersons is determined by the population of the state. So is the number of electorats.
Exactly! What you propose for the ICC is representative governance, but you don't use that same system for your own country.
Senators are the only per state component and it is done that way so that the "little" states do not get trampled on by the more populated ones.
Then why don't you want a similar system for the ICC? After all, you wouldn't want the "little" countries to be trampled on by the more populated ones, right?
Jeroen van Baardwijk
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