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Corruption in the justice system thesis
International law and domestic law
The dichotomy between international law and domestic law
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Recommended: Corruption in the justice system thesis
Meetra Alokozay
ID: 10794
International Law 001
Targeted Killings
Targeted killings refer to targeting or killing members of a terrorist group for holding them accountable for a terrorist act. According to David Kretzmer in page 188 of Targeted killing of suspected terrorists, there are two different views about targeted killings; the first idea views targeted killing as extra-judicial execution and the second idea views it as legitimate means of defense. (David Kretzmer, pg. 188). When it comes to dealing with targeted killings the argument of whether target killings should be solved through the domestic law or International law or domestic law. There are different preferences on approaching the targeted killings, but in my view, the best approach to approach targeted killing is the domestic law because applying international laws may question the constitutionality of a state, it can question the principle of legality and since it is very hard to distinguish between the civilians and combatants it can cost many lives.
One of the most important reasons that targeted killings should not be addressed through international law is that this can question a state’s constitutionality. Any independent state has its own constitution that states rules for different aspects in the territory; if the constitution exists and there are certain rules and conditions for different military operations, applying international laws in the country that may contradict the rules and conditions of the constitution, it is not only a disrespect to the constitution of the state, but, it is also questioning the constitutionality of the state. Implementing any international law within an independent state without its consent is also violating the state’s sov...
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...curity.
Another disadvantage of applying domestic law to targeted killings is that there are chances of corruption taking place throughout the suspect’s jurisdiction period. Corruption is very common in any legal system; sometimes rights can be proved wrong and wrongs could be proved right. Therefore, it is risky to put the suspect through the jurisdiction and wait until the end and see him or her being proven innocent while he or she is not.
Overall, targeted killings are mostly not fair and the domestic laws shall be applied to them. Though there are some disadvantages of applying domestic laws to targeted killings such as corruption and taking more time, it gives the state its dignity and right to practice its own domestic law within its boundaries and it can save more lives. A state’s sovereignty and constitutionality comes first and no one shall disrespect it.
[which] includ[es] family members, [and] spouses.” (Miller, 2014). Arguably this helps society function because the one that has taken another’s life is not making capital gain from their crime; therefore, they cannot act in such a way and expect to be rewarded from it. Also, on a social institutional level other family members and the public are, understandably, distressed over the death of the one that they lost, but if the one that caused the death of the person were to make gain it would hardly be fair on a moral and norm basis. Though there is mixed research whether there can be deterrents within the laws, this perhaps can be a deterrent as the MPs have struck down on not providing capital gain to the assailant but then again, there is can be the mentality of ‘getting away with it’ as well. Nevertheless, this follows the functionalist model of lawmaking because it reinforces a behaviour as wrong, and unproductive to societies members and institutions.
On the morning of April 20, 1999, Eric Davis Harris and Dylan Bennet Klebold went into the Columbine High School in Littleton, Colorado, and went on a rampage killing spree leaving 12 students and 1 teacher dead and over 20 people injured before killing themselves. This crime is known as one of the most deadliest school massacres in the United States history (Pittaro).
The sentencing of underage criminals has remained a logistical and moral issue in the world for a very long time. The issue is brought to our perspective in the documentary Making a Murderer and the audio podcast Serial. When trying to overcome this issue, we ask ourselves, “When should juveniles receive life sentences?” or “Should young inmates be housed with adults?” or “Was the Supreme Court right to make it illegal to sentence a minor to death?”. There are multiple answers to these questions, and it’s necessary to either take a moral or logical approach to the problem.
Reisman, W.M. (2008). Acting before victims become victims: preventing and arresting mass murder. Case Western Reserve Journal of International Law, 40 (1), 57-85. Retrieved from http://proxy.lib.clemson.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=34239668&site=ehost-live
This paper will examine the pros and cons of the death penalty. Is it a deterrent or is that a myth. Does it give the family of the victim peace or does it cause them to suffer waiting for appeal after appeal. What are the forms of execution and any evidence of them being cruel and usual punishment. Is the death penalty fair if there are glaring, disparities in sentencing depending on geographic location and the color of the offender and victim’s skin?
According to the Oxford Dictionary; a serial killer is a person who commits a series of murders, often with no apparent motive and typically following a characteristic, predictable behavior pattern. They usually go through a cooling down period where there are no murders. Then start the killing spree back up again after the cooling down period. The killing spree usually doesn’t last more than a couple of years without the murderer being caught. And there is usually a victim type and killing style which leads to the killer being identified. This is the definition of a serial killer so why is it so commonly believed that this is a male dominated area. “However, if, as seems to be the case in many countries, the only
...ssouri or the larger United States. Such crimes are prosecutable by law and the culprits have slim chances of getting off the hook with minimal penalties; judges as well as the larger judicial system have to bring to book fairly the perpetrators of such acts in the region.
In conclusion, our justice system is full of flaws and proves to show why the death penalty should be abolished. The reasons for it to be abolished include: financials cost, long drawn out process, more effective sentencing styles, the conviction and execution of an innocent person and the violation of the “cruel and unusual” punishment clause in the Bill of Rights. While the death penalty may seem like the right thing to do under the philosophy of “Eye for Eye”, it only encourages the ongoing process of criminal behavior. Our criminal justice system is blurred and sometimes ineffective when it comes to certain cases. Moreover, justice can be bought rather served.
...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).
Society often uses death penalty to prevent future murders. If murders are sent to execution, potential murders would think twice before committing any crime for the fear of losing their own lives. According to a study conducted by Isaac Ehrlich in 1973, he employed a new kind of analysis which formed results showing that for every murderer who was executed; seven lives were spared because others were discouraged from committing murder (Center, 2000). Moreover, another study by the professors Adler and Summers, examining twenty six years period (from 1979 to 2004). It was clear that as the executions in America increased, murder decreased (Death Penalty Deters Future Murders, According to Remarkable New Empirical Study, 2007) . Since society has high concern in avoiding murder, it should use the toughest punishment presented to deter murder, and that is the death penalty (Center, 2000). The fact that countries with no executed death penalty has lower crime rate, doesn’t mean that it’s a failure of deterrence. In fact, countries with high crime rates would have increased more wit...
Capital punishment is a custom in which prisoners are executed in accordance with judicial practice when they are convicted of committing a “capital crime.” Capital crimes are crimes considered so atrocious that they should be punishable by death. This may be done as an act of retribution, to ensure that the individual cannot commit future crimes, and/or as a deterrent for potential criminals. The practice is regarded as extremely controversial and is intensely debated around the world. Supporters may argue that a serious crime deserves an equally serious punishment, while opponents say that this is revenge rather than punishment. The judicial decree that someone be punished in this manner is a death sentence, while the actual process of killing the person is an execution. Crimes whose outcome is the death penalty are known as capital crimes or capital offences. In the past, many countries have practiced capital punishment. According to Amnesty International, over two-thirds of the countries in the world – 139 – have now abolished the death penalty in law or practice. 58 nations continue to practice it while eight have eradicated it for ordinary crimes, only maintaining it for special circumstances. The death penalty...
Although, within the U.N. Charter of 1945, Article 2(4) prohibits the use of force against ‘the territorial integrity or political independence of any state’ (U.N. Charter, art.2 para.4), it has been suggested by counter-restrictionist international lawyers, that humanitarian intervention does not fall under these criteria, making it legally justifiable under the U.N. Charter (e.g. Damrosch 1991:219 in Baylis and Smith 2001: 481). However, this viewpoint lacks credibility, as it is far from the general international consensus, and unlikely the initial intentions of the draftsmen of the charter. In more recent times, one can examine the emerging doctrine of the ‘Responsibility to Protect’(RtoP), which was adopted unanimously by the UN in 2005, as a far more persuasive example of modern legitimacy of humanitarian intervention. While not consolidated within international law, RtoP, which promotes humanitarian intervention where sovereign states fail in their own responsibility to protect their citizens, does use legal language and functions as a comprehensive international framework to prevent human rights
A few times each year, our ears perk up when the news is turned on. On occasions there will be news about a murder of a young child or all the way to an old being. Murder is seen as a disgusting happening. Murder is seen as a disgusting hobby. Murder is pure disgust. Eyes fill with hatred when the picture of the serial killer is viewed. They are not human beings, they lack emotion and their eyes are filled with the desire to kill. With quick judgment, people don’t see what’s in the inside. All they see is an emotionless, cold blooded killer. What makes them do what they do? In no way is murder acceptable but there’s always a reason for it and the typical person fails to see what’s through the fog standing between him or herself and the killer. Humans are all born the same, and are shaped to be what they become. There’s always a past that is forgotten but in many cases it isn’t. Serial killers are in the wrong for taking lives from innocent people. Their actions are certainly not justified but they are misunderstood as people do not know what triggers their killing spree.
There are several different types of murderers, with one of the most popular in the media being a serial killer. A serial killer is someone who kills at least three people at different times with time in between murder described as a “cooling off period”. After killing, they feel a sense of relief for awhile, but when it wears off they feel the need to kill again to release their stress. People often times ask the question of why do the perpetrator’s feel the need to kill to relieve the stress they are feeling, and why they continue to do it. There are some factors that link brain anomalies, damage, and faulty genetics to the cause, but other factors include include the childhood development of the killer. Researchers Ressler and Shachtman
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