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The importance of international criminal law
Problems with the International Criminal Court
The importance of international criminal law
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The International Criminal Court (ICC) is a court of last resort; it is an intergovernmental organization aimed at bringing to justice individuals charged with crimes of international concern such as war crimes, crimes against humanity, and genocide. It is a relatively new organization established in 2002. The ICC prosecutes criminals who have not been tried by their own national judiciary system or feel have been unrightfully protected by their national government removing an individual from criminal responsibility. The ICC is not a mandatory organization all countries must be a part of, it is only valid in countries that have decided to ratify the treaty of the Rome Statute. There are currently 124 countries in which the ICC has legal jurisdiction. In hindsight the ICC seems to be a valid organization that rightfully prosecutes all sorts of criminals from all ratified states, aiding and protecting individual states and the global community, however, there are many …show more content…
It can be seen as an alternative party without biases in the eyes of many. The ICC does not involve itself with countries that decide they do not want any part of this organization and does not pressure either; ratification is voluntary. Instead, it promotes peace and stability prosecuting only certain crimes in their jurisdiction in hopes of not taking too much power from national judiciary systems. They are the last resort court that stays within their jurisdiction, therefore their interferences and involvement in a case will only occur is a state cannot appropriately handle the case. They do not prosecute crimes that occurred before 2002 and do not prosecute states only individuals. Solely prosecuting individuals ease global turmoil. It shifts blame from a country to an individual who carries out criminal acts, thus removing any implications of multi state
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
“A Death in Texas” by Steve Earle is the true-life story of a friendship that occurred over ten
Each year there are about 250 people added to death row and 35 executed. From 1976 to 1995 there were a total of 314 people put to death in the US 179 of them were put to death using lethal injection, 123 were put to death using electrocution, 9 were put to death in a gas chamber, 2 were hanged, and 1 was put to death using the firing squad. The death penalty is the harshest form of punishment enforced in the United Sates today. Once a jury has convicted a criminal, they go to the second part of the trial, the punishment phase. If the jury recommends the death penalty and the judge agrees then the criminal will face some form of execution, lethal injection is the most common form used today. There was a period from 1972 to 1976 that capital punishment was ruled unconstitutional by the Supreme Court. Their reason for this decision was that the death penalty was "cruel and unusual punishment" under the Eighth Amendment. The decision was reversed when new methods of execution were introduced. Capital punishment is a difficult issue and there are as many different opinions as there are people. In our project, both sides have been presented and argued fully.
Even though there have been many ex-cons that have left the prison system many times when they are released they are merely better-educated and skilled criminals, it does not matter how much money you have, your race, color, background, religion, sex everyone is affected because we are all a part of this problem. If you vote, if you pay taxes, if you are afraid to walk alone at night, you are already involved. More than half of all US prisoners that are serving time for non-violent offenses, and most nonviolent offenders do in fact learn a lesson while in prison: how to be violent.
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?
So, in a time of social, political and economic change it makes sense that how we enforce the law and systems of punishment would begin to shift into the public eye. Gunther claims that we have a criminal processing system, rather than a criminal justice system; But what makes a criminal justice system an impartial justice oriented system rather than the harsh, biased and unfair processing mechanism that Gunther saw? For this, we look to Packer’s four assumptions of a justice system.
...riminal Tribunal for the Former Yugoslavia (ICTY) charged more than 160 people who committed crimes in the former country of Yugoslavia. Milosevic was charged and was his own lawyer but due to his deteriorating health levels, the trials were continuously delayed until he was found head in his prison cell in 2006, which was 4 years after he was first charged with one count of genocide, one count of complicity with genocide, and an additional 27 counts of war crimes and crimes against humanity (5) There were some convictions to people who took part in the crimes, but the leader of the movement never actually faced repercussions for his illegal acts. Also, the political leader of the Bosnian Serbs, Karadzic, and the general of the Army, Mladic, have been under indictment for their affiliation with the war crimes but have yet to be arrested for these same acts. (4,5)
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.
...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).
“On November 21, 1947, the General Assembly of the United Nations adopted resolution 174 (II), establishing the International Law Commission and approving its statute.”[2] The International Law Commission encourages the development of international law and its codification. The Commission deals primarily with public international law, but also hears private cases as well.[3] International law is applied within an international community, such as the United Nations, and functions to define the proper norms or standards for members to abide by in a collective manner. Examples of such standards could be a ruling on The Universal Declaration of Human Rights or on threats to peace within the International Community.
The death penalty has been an issue of debate for several years. Whether or not we should murder murderer’s and basically commit the same crime that they are being killed for committing. People against the death penalty say that we should not use it because of that very reason. They also make claims that innocent people who were wrongly convicted could be killed. Other claims include it not working as a deterrent, it being morally wrong, and that it discriminates. Some even claim that it is cruel and unusual punishment. I would like to shed light on the issue and inform everyone as to why we should keep the death penalty and possibly even use it more than we do now.
so it is argued that if a first world country violates an international law , this country could walk away with no punishment because of its impunity and power , unlike a third world country . So the issue is that some states that violate international law could be held to account some countries could not be held to account, depending on the country that violates the law.” International law scholarship lacks a satisfactory theory of why and when states comply with international law. “ ( Andrew T.Guzman . (2009) ‘A compliance based theory of international law’ , existing theories of international law, p.1-14 ) “.
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...
To make sure that crimes for either federal or states will be punishable, the government created laws for it which is known as the Criminal law ("The Basics Of Criminal Law | Attorneys. Com"). To understand how criminal law works it is best to learn more about crime and it's components. There are two types of crimes it can either be a felony or misdemeanors.