The International Criminal Court (ICC) is a relatively new organization; only just a decade old and it has seen a great deal of hardships and success. Since the creation of ICC it has seen a vast deal of criticisms that “[range] from concerns about racism and neocolonialism” and so forth. Not only has it encountered criticisms, but as well, people have questioned the usefulness of this organization? In truth, is it necessary to question the value, based on what little it has accomplished and in addition to, the amount of wealth it needs to stay buoyant? Concerning all of that, the ICC is nothing humanity has seen before; it has been described as “the most ambitious initiative in the history of modern international law.” The ICC was fashioned to handle judicial issues regarding government officials (however, it does not just include government officials but individual soldiers (though, persons under the age of eighteen are protected) and military leaders, and their superiors), unlike the International Court of Justice (ICJ; whose authority falls over states). Nevertheless, to comprehend the ICC, we are first going to look at the history (how it was created and why); secondly, why it is outside of the authority of the United Nations (UN); thirdly the accomplishments and failures. Lastly as a final point, the criticisms surrounding the ICC (reasons for such hatred towards it).
The idea of an international criminal court first arose after the atrocities of World War II. The beginning point for the formation of the International Criminal Court “is usually described as the Nuremburg and Tokyo Trials [that] followed World War II.” The United Nations first saw, the future of international justice when the draft of the statute was...
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...iminal Court: Successes and Failures of the Past and Goals for the Future. Last modified March 23, 2012. Accessed November 30, 2013. http://www.internationalpolicydigest.org/.
ICC. International Criminal Court, Accessed November 30, 2013. http://www.icc-cpi.int.
International Court of Justice. "Case Concerning Military and Paramilitary Activities In and Against Nicaragua." June 27, 1986. http://web.archive.org/web/20050530111816/http://www.icj-cij.org/icjwww/icases/inus/inus_ijudgment/inus_ijudgment_19860627.pdf (accessed November 30, 2013).
Karns, Margaret P, and Karen A Mingst. International Organizations: The Politics and
Processes of Global Governance. Boulder: Lynne Rienner, 2010.
Usacka, Anita Building the International Criminal Court Lecture: University of the Pacific,
McGeorge School of Law Pacific McGeorge Global Business & Development Law Journal. 2011
A. Polis. " The Impact of the Sandinistas on Nicaragua. " Jorian Polis Shutz, 1998.
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"U.S. Intervention in Nicaragua, 1911/1912." U.S. Intervention in Nicaragua, 1911/1912. http://2001-2009.state.gov/r/pa/ho/time/ip/108629.htm (accessed February 25, 2014).
There are both provincial and universal benefits to gaining an international perspective on the various legal systems. First, by recognizing that our American legal system is not the only way possible, we become more aware and more critical of that system. When learning of the different processes in socialist and civil legal systems, it puts our own legal system into a new perspective. Not only do we gain this new insight, but an international perspective can foster ideas to improve our system. There is always the possibility that a criminal justice approach used in one country could be successfully implemented in another. On a universal level, an international perspective is vital. Crimes are no longer confined to individual territories. Transnational crimes are a rising concern. By understanding the various legal processes of other nations, we are better equipped to handle such situations (Reichel,
Hoare, Marko A. "Bosnia-Herzegovina and International Justice: Past Failures and Future Solutions." East European Politics and Societies 24.191 (2010). SAGE Journals Online. Web. 18 Apr. 2011.
...es’ constitutions, the Inter-American Commission of Human Rights and the Inter-American Court of Human Rights, according to Wright, “pressed for the acceptance of its rulings in Argentine courts” (166). Not only international efforts, but also domestic efforts, to apply international jurisprudence to local courts were on the rise. For example, in 1995, CELS launched its “program for the application of international law to human right in local courts” based on the amendments to the Argentine constitution (Wright 166). Just as well, human rights lawyers pushed “courts to embrace the international principle that crimes against humanity cannot be amnestied” (Wright, 167). In sum, the International human rights lobby wanted each country to mold its human rights jurisprudence around the rulings of international human rights law, and domestic actors adopted the same goal.
Back some couple centuries ago, genocide committed by states was seen as heroic, as they were allowed to commit such an atrocity in pursuit of building a larger empire (Lecture 9/18). Keep in mind, that the term “genocide” had not been officially defined by that time, thus not containing the same meaning as it does today. Instead of being seen as evil, states that committed genocide were seen as heroic. In-fact, William Blackstone once said “the king can do no wrong is a necessary and fundamental principal of the English constitution (Lecture 9/18). It wasn’t until 1948, that the term “genocide” had been officially labeled as an official term and international crime. This was declared by the United Nations. One of the first trials to occur due to this was the Nuremberg Trials. In the Nuremberg Trials, twenty-four Nazi leaders and six Nazi organizations were convicted on four counts (Lecture 9/18). Of those twenty-four convicted, twelve of those people were sentenced to the death penalty for the crimes they had committed. Fast-forwarding to the 90’s, 120 countries had signed an international treaty that established the International Court. The International Court was established in 1998 as a result of the treaty and it gave the ICC the jurisdiction to prosecute any related Genocide crimes (History.com). Before I move on
Solution." Indiana Journal Of Global Legal Studies 18.2 (2011): 901-927. Academic Search Complete. Web. 26 Apr. 2014.
The work of the ECJ developed not just a new legal order but also assisted in the EC's resurgence during the 1980s. (Dinan 2000: p301)
According to Article 38 of the 1946 Statute of the International Court of Justice, the Court shall apply “international custom, as evidence of a general practice accepted as law” in its decisions (Kritsiotis 123). In other words, the International Court of Justice cites customs as a formal source of law. According to Roberto Unger, author of Law in a Modern Society, customary international law is best defined as “any recurring mode of interaction among individuals and groups, together with the more or less explicit acknowledgement of these groups and individuals that such patterns of interaction produce reciprocal expectations of conduct that out to be satisfied (Shaw 72-73). In other words, customary international laws are primarily concerned with how and why sates behave in a particular manner. Customs derive from the behavior of states (state practice) and the subconscious belief that a behavior is inherently legal (opinio juris). Evidence of state behavior is documented in the decisions of domestic courts, international courts, and international organizations. Unlike treaty law, customary laws are binding on all states. Additionally, if a treaty derives from a custom it is also binding on all states. Some of the international court cases that have been instrumental in the development of customary international law include the Nicaragua v. United States case, the Anglo-Norwegian Fisheries case, the Scotia case, the Asylum case, the Paquete Habana case, and the Lotus case.
Treaties are the highest source of international law besides jus cogens norms that have binding effect on the parties that ratify them.2 International human rights treaties rely on the “name and shame” mechanisms to pressure states to improve practices.3 However with “toothless” international human rights norms, moral coercion is not always effective. An empirical study conducted by Professor Oona Hathaway assessing the effect of human rights treaty ratification on human rights compliance, maintains in its findings that ratification of human rights treaties has little effect on state practices.4 States do not feel pressured to comply and change their practices, rather, signing treaties is “more likely to offset the pressure rather than augment it.”5 So, is it time to abandon human rights treaties and remit protection of human right to domestic institutions. Hathaway posits elsewhere that despite this treaties “remain an indispensable tool for the promotion of human rights.”6 Instead of getting rid of the treaty system, it is necessary to enhance the monitoring and enforcements mechanism to strengthen the human rights regime to ensure compliance.7 This article evaluates the extent to which international law serves as a useful tool for protection of human rights.
In any kind of legal relations, subject always play an important role, and it is one of the signals to determine the relation that pertaining the adjustment of any legislation system. International law is a legislation system that is a set of thousands of documents from various sources. The research about the subjects is necessary since it helps to find out the source of law, which relation pertains the adjustment of law. The subjects of international law include sovereign states and analogous entities, intergovernmental organizations, the individuals, and multinational corporations.
... middle of paper ... ... Roth argues that the concept of international jurisdiction is not a new idea but was exercised by the US government in the 1970 after an aircraft hijacking. Also, the war crime courts established after the end of World War II exercised international jurisdiction.
Public International law International law contains of rules and principles, which preside over the relations and communication of nations with each other. International Law that is in most other countries referred to as Public International Law concerns itself only with questions of rights among more than a few nations or nations and the citizens or subjects of other nations. In dissimilarity, Private International Law deals with controversies among confidential persons, natural or juridical, arising out of situations having important association to further than one nation. In current years the line up connecting public and private international law have became more and more doubtful. Issues of private international law may also associate issues of public international law and numerous matters of private international law nave considerable meaning for the international group of people of nations. International Law consists of the basic, classic concepts of law in nationwide legal systems, status, property, responsibility, and tort. It also includes substantive law, procedure, process and remedies. International Law is rooted in receipt by the nation states, which comprise the system. Customary law and conventional law are primary sources of international law. Customary international law results when states trail convinced practices usually and time after time out of an intelligence of legal responsibility. Lately the customary law was codified in the Vienna Convention on the Law of Treaties. Conventional international law derives from international agreements and may obtain any appearance that the constricting parties have the same opinion upon. Agreements may be complete in admiration to any substance except for to the leve...
The international law is the fundamental basis of sovereignty and equality of all states. It promotes peace, order, and justice to the international society. The effectiveness of the international law is also anchored to the international community whether they will follow or not. It is important that international community has rules and obligation to follow in order to prevent chaos in the society. The development of international law led to the understanding of different policies and sanctions for the states. It deals with conflict of the states to relieve destructive conflict. The international law is agreed upon by the international community but there is no enforcing body unlike in the domestic law. State has been relying to treaties and international agreements for the prevention of war.