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Thesis on international criminal court
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THE INTERNATIONAL CRIMINAL COURT (ICC)
The International Criminal Court (ICC), located in The Hague, is the court of last resort for prosecution of genocide, war crimes, and crimes against humanity. Its founding treaty, the Rome Statute, entered into force on July 1, 2002. Over the last decade the court has made significant headway in putting international justice on the map. As of June 2015, the ICC had 123 states parties, had opened investigations in eight countries, and had issued three verdicts. But while the ICC is now responsible for international criminal accountability, its daunting mandate and world-wide reach have made the its flaws more visible. The court and its member countries face major challenges in meeting expanded expectations for the court in its second decade.
ICC Criminal Law
1. Introduction
The ICC has revolutionized international
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Historical approach to victims' participation
To understand the changes the ICC brings to this area, it is necessary to outline the historic approaches to the role of victims in criminal proceedings. There are some important conceptual differences between the common and civil law traditions. Many civil law jurisdictions allow victims "to participate directly in proceedings". The approach of common law countries is different and "criminal prosecution is seen as essentially a matter of public policy in which victims have a role that is marginal at the best of times."
The early approach towards victims under international criminal law followed common law thinking "and had relatively little to say with respect to victims". The example of this approach was the Nüremberg tribunal, which largely ignored the interests and needs of the victims.
The view towards victims' participation is different today, influenced by a number of factors: the need to rehabilitate the victims, strengthen their marginal role in the adversarial criminal justice systems and protect the rights of the most vulnerable groups – women and
Next in 1899, 1907, 1954 the International Peace Convention (originally The Hague Convention) where held because, in the last wars multiple cultural, art, literature and artifacts pieces were destroyed. Also, the community notice the rise in technology of weapons. The rules of war from the two convention consist of National and Cultural Symbols, Chemical and Biological warfare, Wounded and Sick Soldiers, POW (Geneva III), Civilians and Occupation, and Cultural Property. All of those are rules of war and the are severe consequences if they are broken. The United Nations and International Court of Justice (also known as the World Court) will take care of war crimes. Multiple other organizations were made by the U.N. to take care of certain wars for people such as, Nazi's and The Civil war in Yugoslavia. All countries are suppose to respect and follow the rules of war no matter the
Generally, the study of crime mainly focused on the offender until quite recently. In fact, Shapland et al (1985) described the victim as ‘the forgotten man’ of the criminal justice system and ‘the non-person in the eyes of the professional participants’. A new perspective was brought with victimology, an expanding sub-discipline of crimin...
I take into consideration that instead of authorizing the state or professional to ratify and speak their mind, the most relevance to a case the court should take into consideration of what the victim seems fit as a fair punishment or payment in forms of restitution, whether it is labor or monetary to then go along with the judge 's sentence. “The Charter, apart from other things, sets forth that the victim should enjoy the same rights as the culprit. But it is not enough to put this in writing, the law has to be changed in such a way that the victim is not only not deprived of his say, but has rights at least equal to those enjoyed by the accused”. I agree with the previous quote due to the fact that victims should not be deprived from speech and equality. I believe that by having the original parties engaged rather than being driven to the side, society will be more concerned to make sure that everyone is given fair, equal and consistent resolution to a conflict. This would establish that the neighbourhood and state have a set of shared values and goals that they are working towards to support social order. “At present, the role of a victim of a crime is only at the periphery of the criminal justice delivery system. Once the first information is furnished, the only stage at which the victim comes into the picture is when she is called upon to give evidence in court by the prosecution. The victim virtually
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
The Corsten Report (2007) on women in the criminal justice system states that ‘equal outcomes require different approaches’. Critically consider this statement with reference to research and practice.
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
Over the years, the traditional criminal justice system has emphasized offenders’ accountability through punishment and stigmatization. The emphasis on the retributive philosophy made it challenging for the system to meaningfully assist and empower crime victims. In the criminal justice system, victims often face insensitive treatment with little or no opportunity for input into the perseverance of their case and report feeling voiceless in the process used (Choi, Gilbert, & Green, 2013:114). Crime victims, advocates, and practitioners have called for an expansion of victims’ rights and community-based alternatives, rather than punishment-oriented justice policies. What victims want from the criminal justice system is a less formal process, more information about case processing, respectful treatment, and emotional restoration.
This approach has introduced a criminal justice policy agenda. In the past, victims to criminal activities have been outsiders to the criminal conflict. In recent times, many efforts have been made to give the victims a more central role in the criminal justice system. Some of these efforts were introduced a few years back, though even at that time, these efforts were seen as long overdue. Some of these efforts include access to state compensation and forms of practical support. For advocates of restorative justice, crime is perceived primarily as a violation of people and relationships, and the aim is to make amends for all the harm suffered by victims, offenders and communities. The most commonly used forms of restorative justice include direct mediation, indirect mediation, restorative cautioning, sentencing panels or circles and conferencing. In recent...
States ratify human right treaties to enter into agreements and commit each other to respect, protect and fulfill human rights obligations. However, the adherence to human rights treaties is not ensured by the same principle of reciprocity instead to ensure compliance, collective monitoring and enforcement mechanisms were introduced.8 International organizations and treaty ...
...th 2001). 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. In fact the Geneva Convention states that is a person regardless of their nationality should be brought before the court of any state in which that person has committed grave breaches of law and convention. Roth states that the concept of international jurisdiction is not a new one but that only in recent years have states been willing to act on universal jurisdiction and go after criminals of the international community regardless of their stating or power within the international community. Roth believes in the ability and authority of international organizations and institutions (Roth 2001).
The consideration of victims by policy makers has taken a much larger role in influencing legislative change in the prevention of crime and the assistance of crime victims, however reforms based on victims remain largely localised to popularised cases and often fail to enter the trial side of the criminal justice system. Victims have the capacity to act as catalysts for reform, but their treatment and consideration in the criminal justice system continues to act more as an indicator of success by the system.
The International Court of Justice (ICJ) is an important organ of the United Nations. Actually it is the UN's principal judicial arm used to foster international peace. It was established after the League of the Nation and its judicial organ the Permanent Court of International Justice (PCIJ) were dissolved after the Second World War, in 1946. Its main purpose is to support the UN (which was formed in 1945) in its endeavour in promoting international peace and law . Important to note is the fact that this court, although referred to in a non-technical context as the world court, does not automatically possess compulsory international jurisdiction. The treaty creating this court, referred to as the stature of international court of justice, provides an option for member states to chose whether to be subjected to the court international compulsory jurisdiction or not. A state once it decides to be subjected to this compulsory jurisdiction is still at liberty of setting condition that will shield it against adverse implication of the subjection. This provision gives mainly powerful states undue advantage over less powerful ones when it comes to international matters. For instance they can easily decide not to attend the court proceeding, and if they attend they refuse to abide to the court ruling without facing serious implications .
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...
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.
Victims’ rights under human right is a one of the global issues which people concern a lot nowadays. The Crime Victims’ Rights Act (CVRA) claimed that the victims and their families are ignored and treated as non-participants. Also, the judges only focus on defendants’ right and did not offer any place for them in a court system. The purposes of the CVRA are to keep inform about all development in the criminal justice process to the victim of the crime and also to facilitate the participation of victim. (Paul, Nathanael, Bradley., 2014)