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Criminal justice/ criminal law - Essay Example

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Q: Reflecting on the conflicts of interest evident in the progress of the first trial before the International Criminal Court, critically analyse the aims of the ICC against: the context of legitimacy, and; suggestions that the ICC should not aspire to influence peace-building and global governance…
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Criminal justice/ criminal law
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Download file to see previous pages The ICC therefore, is not merely a judicial body but also a political entity. Notwithstanding the long years put in the preparation of the ICC, this Court is relatively young having come into force only in 2002 and as such is still grappling with legitimacy issues. This was highlighted in the case of Lubanga Diylo, a case that stem from a referral of the Democratic Republic of Congo. The trial for this case has been delayed by controversies involving conflicts of applicable provisions of procedural laws of the Roman Statute and ICC’s very own. In addition, the case revealed a disjointed defence system inherent in the procedural provisions of the ICC regulations that resulted in the potential miscarriage in the administration of justice on one hand, and jeopardising the investigative capabilities of the Office of the Prosecutor on the other. The Lubanga Diylo case, in short, had put in the balance the legitimacy of the ICC as well as into question its role in peacebuilding and global governance. ...
the idea was again broached.1 In a Paris conference attended by policymakers in the different parts of the world, the Allied Commission on the Responsibility of the War and on the Enforcement of Penalties (Allied Commission) was established and was tasked to conduct an extensive investigation as to what body should be properly charged with war crimes. The Commission recommended the creation of an international tribunal that would try certain war offences, to be composed of the representatives of countries who won the war. However, the tribunal established was merely ad hoc and not permanent. Similar tribunals were established in the wake of WWII to try the war criminals, but the ensuing Nuremberg Tribunal and Tokyo Tribunal were both of ad hoc nature.2 It was during the Genocide Convention of the United Nations that the idea of a permanent international criminal tribunal took shape. Draft statutes were consequently prepared by the International Law Commission (ILC), but these efforts were hampered by the difficulty in coming to an accord on how to define aggression. In 1989, Trinidad and Tobago and several other Caribbean and Latin American states and NGOs petitioned for the continuation towards efforts to establish an international criminal tribunal to try drug trafficking cases. In the 1990s, events in Eastern Europe and Africa necessitated the establishment of ad hoc tribunals to try crimes against humanity, war and genocide. Finally, the ILC submitted its full report on the establishment of the International Criminal Court to the UN General Assembly in 1994. The UNGA subsequently created the AD Hoc Committee on the Establishment of an International Criminal Court to study further the various issues in the ILC’s final draft and the Preparatory Committee on the ...Download file to see next pagesRead More
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hillsrachael added comment 1 month ago
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The topic of "criminal justice/ criminal law" is quite often seen among the tasks in high school. Still, this essay opens a fresh perspective of seeing the problem. I’ll use the style for my own text.
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