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Prosecuting Violators of International Humanitarian and Human Rights Law; and The Merits and Limitations of the International Criminal Court (ICC) - Essay Example

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The discussion will focus primarily on the role, merits, and weaknesses of the International Criminal Court. The discussion seeks to answer the question: To what extent can states and individuals that abuse human rights and violate international humanitarian law be held to account?…
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Prosecuting Violators of International Humanitarian and Human Rights Law; and The Merits and Limitations of the International Criminal Court (ICC)
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Download file to see previous pages The researcher states that although international jurists may not agree entirely with this argument, an actual discontent should go with an examination of theoretical perspectives which are believed to offer answers to these stubborn issues. Apparently, humanitarian and human rights law do not provide simple solutions as to how to deal with violations of the fundamental human rights of people in times of crisis. They embody judicious efforts to implement norms which ideally will become unanimously recognized and support the international community in its assessment of, and response, to these crimes. The international community has been triumphant in establishing an agreement on numerous norms in the areas of humanitarian and human rights law. There is at present a solid set of laws, even though it evidently does not cater to every crisis or include every region. This code of rules will be raised to change as the problems confronting the international community assume new forms. Certainly, the implementation of the Statute of the International Criminal Court is a sign of the pace at which several sectors of international law are evolving. ... The primary purpose of the formation of an international criminal court was to change a tradition of immunity for the perpetration of severe crimes, which has thrived and remains in existence significantly, with a tradition of liability. The formation of an international criminal court is in several contexts the finale of a chain of international attempts in such path. Nevertheless, those attempts have usually been unsuccessful for different causes, and, at any rate, have been greatly discriminating. The Tokyo and Nuremberg Tribunals, after the Second World War, expressed genuine confidence for the tradition of liability, but the facts of the cold war aftermath immediately surfaced. The idea that individuals and states perpetrating the most serious violations of human rights law should be prosecuted disappeared, and a tradition of immunity resurfaced. The discourse about the competence of international committees should be situated in a more enduring point of view. The influence of newly formed institutions like the informal committees cannot justly be weighed against that of established organizations like the International Court of Justice (ICG) and the Security Council (SC). ...Download file to see next pagesRead More
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