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Concept of restorative justice
Concept of restorative justice
Concept of restorative justice
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Introduction
This paper explores accusations of selective justice regarding the ICC, made by the African Union. It argues that the ICC can effectively contribute to peace and peacebuilding, so long as it involves a comprehensive approach to international justice that extends beyond criminal trials. The argument is reinforced through utilization of African case studies where the ICC has not been entirely effective. Furthermore a solution focusing on progressive initiatives of restorative international justice is outlined. The African case studies demonstrate a Western centric bias of the ICC; however, the progressive initiatives show a willingness to go forward with international justice and a shift toward a new consciousness. It is imperative that the world recognize the potential for the ICC and exercise patient while its identity and role is established. Key leaders must recognize that the ICC is still in its infancy, having been formed in 2002 (ICC, 2011).
This is not to argue that the ICC is an inherently ineffective or problematic institution, rather, more analysis and collective participation is required to explore the ICC’s potential and focus. Doing so will push the discussion in a more productive direction. This discussion will illuminate that justice ought to extend beyond reactionary retribution and that the dynamic between criminal prosecution and peace is largely under-researched (Clark, 2011).
The International Criminal Court (ICC) is an established court of law meant prosecute individuals accused of significant crimes, where national courts are unable or unwilling to (ICC, 2011). The ICC asserts itself as a court of last resort meant to supplement and strengthen national judiciaries. Being an international orga...
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This trial was between a group called the Mau Mau and Great Britain. Great Britain colonized Kenya in 1895. Great Britain's colonization of Kenya had major effects, good and bad.But in the early 1900’s, the Kenyans wanted independence. They formed a independence group called the Mau Mau. The Mau Mau were mostly made up of a tribe called the Kikuyu. As they tried peaceful protests and demonstrations, the Mau Mau were usually attacked by the British. Britain believed in order to stop the Mau Mau from their independence movement and the violence they were causing on the Britain's, Britain needed to use force. The purpose of this trial was not to make a decision about if Britain's violence was justifiable or not, but to figure out if the Mau Maus
(a) Prosecutors have nearly limitless discretion in the most critical matters they must consider, yet they are held to very high ethical standards.
The Appeals Chamber rejected the heading of the appellant related to the lack of jurisdiction of the ICTY by asserting its power to determine its own jurisdiction. The Court affirmed its “compétence de la compétence” under Article 36 (6) ICJ Statute by arguing that the tribunal has been lawfully and legitimately founded under Chapter VII of the United Nations and reaffirmed that The UN Security Council had the legitimacy to establish a “subsidiary organ”, i.e. a tribunal, under international law respecting the rule of law.
No one can possibly deny or ignore the overwhelming amount of mass atrocities that took place during the twentieth century. From the “Great Purge” orchestrated by Stalin in the former Soviet Union to the Holocaust of World War II led by the Nazis, South Africa’s apartheid, Argentina’s “Dirty War”, and the tactics of terror, repression, and torture used by many military regimes, not to mention Rwanda’s Genocide (Minow, 1998, p. 1). More surprisingly, these unspeakable and horrifying events took place during the past century. However, such unforgettable atrocities helped to raise consciousness among the international community, which led to the formation of needed international norms to protect, avoid, and prevent similar atrocities from ever happening again. In addition, several mechanisms were developed by the international community with the finality to repair, reconcile, and prosecute perpetrators. Such mechanisms include International Tribunals, Truth Commissions, Reparations, among others (Minow, 1998). But, how successful have these mechanisms been at achieving such intended goals? Professor Minow provides a compelling answer to this question in her book titled “Between Vengeance and Forgiveness”. Minow explores the formal responses of some nations to mass atrocities and argues that the acknowledgment of past event is of vital importance in the process of forgiveness, reconciliation, and reconstruction of a society as whole. In addition to that, she notes the importance of Truth Commission, International Tribunals, and Reparations for past damages. Nevertheless, she recognizes that such mechanisms have limitations that might, in some cases, hinder a nation’s healing process. Thus, the author concludes that ...
International law is a body of legally binding rules that are suppose to govern the relations between sovereign states. (Cornell Law School) In order to be a qualified subject, a state has to be sovereign. To be considered sovereign the state needs to have territory, a population, and a government that is recognized or legitimized to most other states. In the more modern explanation of international law now can include the rights and obligation on intergovernmental international organizations and even individuals. Examples of an international organization would be Greenpeace or the United Nations and an example of an individual would be war criminals, a leader of a state that violated human rights during a time of war. When a dispute arise and cannot be solved amongst the two actors involved they can turn to the U.N. to arbitrate and to the International Court of Justice, one of many courts within the U.N. to find a resolution to their problem. The International Court of Justice’s main task is to help settle legal disputes submitted to it by states and...
The International Criminal Court was formally established 1 July 2002. “The statue which exercises jurisdiction over four crimes – genocide, crimes against humanity, war crimes, and crimes of aggression (applicable only after a further provision defining aggression and conditions of jurisdiction is adopted).” (Toon, 2004: 1). The ICC is considered to be a court that is a last resort. It was implemented for heinous crimes that are committed to be used when states (countries such as Southeast Asia) are not willing or not able to provide justice for such crimes to the victims. To date, Southeast Asia has only two of their eleven states that have implemented the ICC which are Cambodia and Timor – Leste. Third world countries have a hard time with prioritizing their affairs. With economic hardships, terrorism, and socio-political taking the precedence over justice for individuals that are victims of the above crimes. There are many questions that have been established in regards to why countries, South East Asia in particular have not become part of the ICC. The author, Valeriane Toon, presents to her readers some questions as to why Southeast Asia has not accepted the International Criminal Court. “Is it the fear of setting a precedent by consenting to the subjugation of territorial integrity on ethical grounds, which could culminate in a spontaneous compromise of state sovereignty once this, is ensconced into customary law, as articulated by numerous major powers? Or is it simply a rejection of terms propounded by the Statue” (Toon, 2004: 1)? The other main question that cannot be overlooked is how much influence does the United States may have over the governments of Southeast Asia” (Toon, 2004: 1)? Though Toon provides o...
No matter what rank one holds in society, there is no leeway or freedom from being punished for committing a crime that violates human rights. Less future and current violators of human rights are committing the same crimes with the same previously held mindset that they would walk away unpunished by the law. The ICC has made significant contributions to our world’s movement towards peace and justice.
The ICTY Appeals Chamber’s decision has certainly developed and refined international humanitarian law and international criminal law. The legal findings of the chamber are sound interpretations of existing laws, which are important issues and need to be properly clarified. The resultant redefinition of the concept of protected persons contra legem and the blurring of the distinction between international and non-international armed conflicts are well meant. The Court’s affirmation that the responsibility of the perpetrators or participants in international crime closes the gaps in criminal responsibility and relates to an important moral imperative.
... argues that the ICJ has not always succeded. During the Cold wars, the court was incapable of imposing its ruling on the superpowers. THE United States refused to recognize a court ruling that condemned itfor planting sea mines in Nicaraguan ports. There has always been a tension between the ability of Great Powers to Veto decisions that they oppose within the Security Council and their potential vulnerability within the ICJ. The power of the ICJ has declined in recent decades. Only a few nations submit cases to it and the court does not always have much influence on its judgements. () For instance, when the US became party to genocide convention, it did so with a reservation: “before any dispute in which the US is a party may be submitted to the jusridiction of ICJ under this article, the specific consent of the US is required in each case” (Jennings 1995).
Hans-Peter Gasser, “The Changing Relationship between International Criminal Law, Human Rights Law and Humanitarian Law,” The Legal Regime of the ICC: Essays in Honour of Prof. I.P. Blishchenko (2009) pp. 1111-1117.
The Death Penalty and War.Full Text Available By: Duner, Bertil; Geurtsen, Hanna. International Journal of Human Rights, Winter2002, Vol. 6 Issue 4, p1-28, 28p
Of course there is a challenge in implementing justice. Whether it’s a corrupt justice system, a fragile peace transition, large numbers of perpetrators or victims, and legal impediments such as amnesty laws. People can get justice through fair trials, truth seeking and fact finding, reparations, institutional reform, or memorialization. These mechanisms can be implemented by the national government, United Nations, international organizations or civil society. In order for these mechanisms to be successful they must be victim- centric, pragmatic, empowering, and work in the path of rebuilding trust relationships. Also, to emphasize the balance and for choosing the best strategy for justice, it is necessary to:
According to Sycamnias (1999) international policing is the term used to signify legal interaction and participation on a global scale by a variety of law enforcement bodies, in order to better develop and preserve individual jurisdictional justice systems. International policing operations in effect bestow a new meaning to the phrase the long arm of the law. Under normal conditions, countries only have the power to control activities that occur within their sovereign territorial borders (Sycamnias 1999). International policing enables joint intervention by countries within which crimes have originated or transpired.
...s, G. (2001). Assault on Sovereignty : The Clear and Present Danger of the New International Criminal Court, 17(1), 35–77.
International Law has been around for ages although it had yet to be titled. The definition of international law is “, the legal responsibilities of States in their conduct with each other, and their treatment of individuals within state boundaries” (“Global Issue at the United Nations”). Although international law can be traced back to the ancient Middle East, the foundation was not actually set till the European Renaissance. The Renaissance developed sovereignty and nation states which make it the most similar international legal system in history in comparison to today's legal system. The Europeans enacted treaties with other states and laws that all states agreed to follow in order to keep boundaries, just as the modern world does today. According to International Law, The Charter of the United Nations sets the objective “, to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained” (“Charter, United Nations, Preamble” ).International law is no longer exclusively used in states but in countries all over the world. The League of Nations wa...