PARENTAL CHILD KIDNAPPING IS NOT A VICTIMLESS CRIME!

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International Criminal Court against Child Kidnapping

Protecting & Enforcing the Human Rights of the Child

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THE POWERS AND JURISDICTION OF THE ICCACK

 

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The International Criminal Court against Child Kidnapping (ICCACK) is an international, impartial non-governmental tribunal (INGO), duly incorporated under the laws of The Netherlands, and headquartered at Schenkkade 50, The Hague – 2595 AR, The Netherlands, registered in the Dutch Chamber of Commerce in The Hague under No. 71166505.

 

ICCACK operates in partnership with the United Nations (UN) Non-Governmental Liaison Service to enforce the rights guaranteed by various international treaties and conventions that together are considered ICCACK's Founding Treaties. 

 

ICCACK enforces these Founding Treaties, and the due process rights of individuals protected by these Founding Treaties, by conducting itself as an operational INGO that issues findings and orders, pursuant to its Founding Treaties, documenting violations by Member States and/or Contracting Parties of the various Founding Treaties providing the jurisdictional basis of the Court.

 

Based as it is on the Founding Treaties, the ICCACK has both international legal personality and the legal capacity for the exercise of its functions for the fulfilment of its purposes. The ICCACK, and its subsidiaries, may therefore exercise its authority and establish local impartial operational INGO tribunals, as provided in its Convention, on and within the territory of any Member State and/or Contracting Party to any of its Founding Treaties.

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In accordance with its Founding Treaties and operational protocols, the ICCACK exercises universal  jurisdiction not only for the purpose of vindicating through civil litigation the violation of certain fundamental rights protected by the Founding Treaties, but also for the purpose of prosecuting criminally those who have violated these fundamental rights for their crimes against humanity, which include the internationally recognized crimes of parental child kidnapping, international human rights violations, international due process violations, and the enforced disappearance of children by the actions of government officials.

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Universal jurisdiction may be asserted by a particular nation or by an international, impartial operational INGO such as the ICCACK. The result is the same: individuals become answerable for their crimes which are defined and prosecuted regardless of where the accused lives or where the criminal conduct occurred. In practice, universal jurisdiction allows the ICCACK to claim international criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation with the prosecuting entity. Crimes prosecuted by the ICCACK under this concept of universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. In other words, ICCACK prosecutes crimes that are so grievous as to be universally condemned. The concept of universal jurisdiction, therefore, is not only closely linked to the idea that some international norms are erga omnes, or owed to the entire world community, but also linked to the concept of jus cogens, that is that certain international law obligations are non-derogable and binding on all states regardless of treaty or convention. 

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The ICCACK obtains its cases through the applications of those left-behind parents who have suffered deprivations of their rights as guaranteed by the Founding Treaties, or through referral by the United Nations (UN) Security Council for investigation into the possible violation of the rights secured by the Founding Treaties. The ICCACK seeks to hold accountable those responsible for these rights deprivations so that justice may be done both for the left-behind parents and their children.

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As an entity organized to provide judicial oversight for existing national judicial systems, the ICCACK may only exercise its jurisdiction as an international tribunal of last resort when certain conditions are met, such as when a Member State and/or Contracting Party to one of its Founding Treaties has violated either the Founding Treaties or the constitutions and/or laws of that Member State and/or Contracting Party. Thus, the ICCACK may exercise its jurisdiction over a particular matter in accordance with the provisions of its Founding Treaties if:

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a.) There is probable cause to believe that one or more international crimes have been committed and the matter is referred to the Prosecutor by any person, non-governmental organization, or group of individuals in accordance with the Founding Treaties;

 

b.) There is probable cause to believe that one or more international crimes have been committed and the matter is referred to the Prosecutor by the UN Security Council acting under one or more of the Founding Treaties; or

 

c.) The Prosecutor has initiated an investigation into the possible commission of one or more international crimes under one or more of the Founding Treaties.

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Human Rights

 

Consistent with the protection of fundamental human rights upon which the United States of America was founded over 200 years ago, one of the central goals of United States foreign policy is the promotion of respect for human rights, as embodied in the UDHR, in order to secure peace, deter aggression, promote the rule of law, combat crime and corruption, strengthen democracies, and prevent humanitarian crises. The furtherance of these national interests of the United States are consistent with the Founding Treaties and operational protocols of the ICCACK, which include efforts that actively seek to:

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• Hold governments accountable to their obligations under universal human rights norms and international human rights treaties, conventions and other instruments;

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• ​Promote greater respect for human rights, including freedom from torture, freedom of expression and of the press, women's rights, children's rights, and the protection of minorities;

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• ​Promote the rule of law, seek accountability, and change cultures of impunity; and

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• ​Coordinate human rights activities with important allies, including the United States, the EU, and regional organizations.

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While prevailing interpretation of the Constitution of the United States of America by its courts makes a distinction between self-executing and non-self-executing treaties and international obligations, the principle of pacta sunt servanda in the arena of international law provides that a country may not invoke provisions of its domestic laws or constitution as justification for its failure to comply with its international law obligations. Thus, to the international legal community, if a human rights treaty has been ratified by the United States of America, but is not considered self-executing, or has not yet been implemented domestically by legislation passed by the United States Congress, such a treaty would nonetheless be binding on the United States of America as a matter of international law.

 

 

For our work in the USA, we have formed a strategic partnership with:

 

 

KIDNAPPED HEARTS - INTERNATIONAL CHILD ABDUCTION LAWYERS

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We are participating in a global fight to end impunity for parental and Governmental child kidnappers, and through national and international criminal justice, the Court aims to hold those responsible accountable for their crimes against children and Crimes against Humanity. Our work includes to guarantee due process and to enforce international laws & treaties against parental child kidnappers and human rights abusers.

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Every year 10 million children are being kidnapped around the world. But even more frightening is the fact that the majority of Governments around the world are either unable or unwilling to deal with this serious global problem that affects everyone. When "left behind" parents and their offspring have been mistreated by lawless Government Officials, it’s time to restore their human rights. We fight for you and your loved ones with International laws, treaties and combined legal strategies, including return court orders. We only act in your child’s best interest, and make this always our top priority to restore their human rights, reunite you with your children by enforcing International Laws and Treaties to hold all "bad actors" accountable! 

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We exist to stop the crimes of Parental Child Kidnapping & Crimes against Humanity.

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The UNCRC deals with the child-specific needs and rights. It requires that the "nations that ratify this convention are bound to it by international law". Ratifying states must act in the best interests of the child. In all jurisdictions implementing the Convention requires compliance with child custody and guardianship laws as that every child has basic rights, including the right to life, to their own name and identity, to be raised by their parents within a family or cultural grouping, and to have a relationship with both parents, even if they are separated.

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The Convention obliges states to allow parents to exercise their parental responsibilities. The Convention also acknowledges that children have the right to express their opinions and to have those opinions heard and acted upon when appropriate, to be protected from abuse or exploitation, and to have their privacy protected, and it requires that their lives not be subject to excessive interference.

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Click here to see that the UN Convention on the Rights of the Child has been signed and ratified by 196 Nations - EXCEPT USA!