quora
Nobody downloaded yet

The pros/cons and the legitimacy of the International Criminal Tribunal in Yugoslavia and Rwanda - Essay Example

Comments (0) Cite this document
Summary
Name: Class: Date: Cons and pros of ICTY & ICTR There is a growing number of theorists who now accept the idea that there exists a “concept of legitimacy” that is crucial on political, legal and ethical research in world affairs. The scholars have continuously challenged this view and argue that legitimacy in global affairs has continuously vanished and states are part of a larger global state that cannot declare utmost legitimacy to political and legal boundaries…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.6% of users find it useful
The pros/cons and the legitimacy of the International Criminal Tribunal in Yugoslavia and Rwanda
Read TextPreview

Extract of sample
"The pros/cons and the legitimacy of the International Criminal Tribunal in Yugoslavia and Rwanda"

Download file to see previous pages This brings about the tension between world political theorists concerning the advocates of international legitimacy notion. There are arguments that before international community get into a defined political boundary, that has to be clear offer from the international community and the benefits to be achieved in such intervention has to be gauged to allow the exercise to proceed. Idea of legitimacy has been defined in terms such as enhanced order; stability, effectiveness and these are the factors that define a legitimate system of power derived from obligations that the political system has upon its subordinates, and the legitimacy that the subordinates impose on that a political system (Rudolph, 680). Several studies have been done on the issue of international community intervention legitimacy in both Rwanda and Yugoslavia tribunals with different scholars pulling the idea of legitimacy and the suitability of such tribunals in different dimensions. Below is a review of some of these studies that reflect on the suitability such international intervention as argued by different scholars. The study by Barria and Ropper on “how effective are international criminal tribunals? An analysis of the ICTY and the ICTR”, Ropper and Barria argue that the mandate of these tribunals were very narrow and in sometimes these tribunals might not meet the time allocated due to the strictness in the limitation of time factor and the number of crimes that were to be investigated by such tribunals. For example, Barria and Ropper (350), elaborate that the mandate of ICTR was much narrow as compared to the mandate of ICTR in terms of time that was allocated being 1 year, and the number of crimes that the tribunal was allowed to investigate. Barria and Ropper have a view that due to such restrictions in such tribunals it becomes extremely difficult for these tribunals to be effective in meeting their objectives, and the number of people apprehended by such tribunals is seriously lower than expected. Gauging by the seriousness of the atrocities committed in both cases, the low number of apprehension diminishes the deterrent effect of the tribunals (Barria and Ropper, abstract). Considering the ICTY, it was established under the Security Council through resolution 827 that states the mandate of the ICTY as “sole purpose of prosecuting persons responsible for serious violations of international humanitarian law committed in the territory of former Yugoslavia between 1 Jan and 1991and a date that was to be determined by the Security Council upon the Restoration of peace” (Barria and Roper, 354). Article 7(1) of the resolution that established ICTY explains that “a person who instigated, planned, ordered, committed or otherwise aided and abetted in the planning, preparation of execution of a crime shall be individually responsible for the crime” (Barria and Roper, 354). The problem with this resolution was that it was not clear on the level of participation of these persons in these crimes since the resolution does not specify such an extent. The tribunal was also not allowed to give penalties that included death penalties to those found guilty. These were some of the shortcomings that seriously affect eh effectiveness of such a tribunal in meeting its objectives. Likewise ICTR was ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The pros/cons and the legitimacy of the International Criminal Essay”, n.d.)
The pros/cons and the legitimacy of the International Criminal Essay. Retrieved from https://studentshare.org/history/1436352-the-pros-cons-and-the-legitimacy-of-the
(The pros/Cons and the Legitimacy of the International Criminal Essay)
The pros/Cons and the Legitimacy of the International Criminal Essay. https://studentshare.org/history/1436352-the-pros-cons-and-the-legitimacy-of-the.
“The pros/Cons and the Legitimacy of the International Criminal Essay”, n.d. https://studentshare.org/history/1436352-the-pros-cons-and-the-legitimacy-of-the.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Financial pros and cons
Further, it discusses the financial viability of a new production plant and the hurdle rates at which the project can be accepted. The essay also discusses the financial pros and cons of going public and finally recommends the financing option the company should adopt based on sound financial principles.
4 Pages(1000 words)Essay
HPV Pros and Cons
The low-risk viruses can cause mild Pap tests abnormalities or genital warts. HPV also spreads across via sexual contact, because the infected individual rarely has any symptoms, this disease can be passed unintentionally to
3 Pages(750 words)Essay
Pros and Cons about Abortion
The world has changed drastically over the past few years; the culture across the globe has drastically changed. There are far too many abortions taking place these days when compared to the previous years. Abortion is mainly opted by women who choose to avoid becoming pregnant and most of such women are unmarried women.
3 Pages(750 words)Essay
Community work program, take position about pros and cons of this alternate approach to criminal justice
Nevertheless, at least in the more liberal states of the Union, the judiciary is seen to promote community service as a means of
5 Pages(1250 words)Essay
Pros and cons of caffeinne
While the consumption of caffeine carries benefits, it could negatively impact health such as increasing heart rate, cause dehydration and raise blood pressure (Gruenemay, 2006). However, caffeine has been deemed a safe substance by the Food and
2 Pages(500 words)Essay
Luma pros and cons
Luma binds them into a team brimming with the qualities of sportsmanship. War, violence and displacement are part of the life of her team members and each one of
2 Pages(500 words)Essay
Financial pros and cons
sses the financial pros and cons of going public and finally recommends the financing option the company should adopt based on sound financial principles. Profitability and solvency position of a company is a direct way to understand how well a company is performing. For the
4 Pages(1000 words)Essay
The pros and cons
However, this does not mean that all students have to get an A but at the same time, students have to try their best and achieve their goals. For instance, students at BMCC have a good educational environment and a faculty which is ready to listen to the students’
2 Pages(500 words)Essay
Pros and cons of technology
Computer technology has both pros as well as cons, however, in the modern world, its use is nearly seen in every sector as well as even in households, schools and colleges. The pros are that computer reduces manual labor, saves time, brings better efficiency of
1 Pages(250 words)Essay
Pros and cons
The second plan, i.e. the use of the adjacent space for opening a coffee bar, is considered as most effective if taking into consideration the criteria presented above,
1 Pages(250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Essay on topic The pros/cons and the legitimacy of the International Criminal Tribunal in Yugoslavia and Rwanda for FREE!
logo footer
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • StudentShare App Store
  • StudentShare Google play
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • Miscellaneous
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us