Nobody downloaded yet

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

Comments (0) Cite this document
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?…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.3% of users find it useful
Prosecuting Violators of International Humanitarian and Human Rights Law; and The Merits and Limitations of the International Criminal Court (ICC)
Read TextPreview

Extract of sample "Prosecuting Violators of International Humanitarian and Human Rights Law; and The Merits and Limitations of the International Criminal Court (ICC)"

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
Cite this document
  • APA
  • MLA
(“Prosecuting Violators of International Humanitarian and Human Rights Essay”, n.d.)
Retrieved from
(Prosecuting Violators of International Humanitarian and Human Rights Essay)
“Prosecuting Violators of International Humanitarian and Human Rights Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Prosecuting Violators of International Humanitarian and Human Rights Law; and The Merits and Limitations of the International Criminal Court (ICC)

International Human Rights law defined by the international law of human rights, still every state is free to design and adopt its own modalities for implementing the rights of international law. States should feel free to choose their own modalities for effectively implementing their international legal obligations, and for bringing national law into compliance with these obligations.29 Effective incorporation of children rights as detailed by international law into regional and domestic legal systems presents a tough challenge and introduces huge responsibilities...
15 Pages(3750 words)Essay

International Law & Humanitarian Issues

...problems in Africa and Asia and thus experts are not better placed in governance (Doyle, 2004). It is only through concerted efforts of experts and political interventions that work in coming up with good governance. In most cases experts should only act as advisors to political leaders while these leaders make decisions (Martin, 2006). For instance, experts might not have the will to resolve conflicts like political leaders as it happened in Rwanda during the genocide in 1994. References Doyle, M. & Luck E. (2004). International Law and Organization: Closing the Compliance Gap. Sydney: Cengage Learning. Dunoff, J., Ratner, S. & Wippman D. (2010).  International law:...
3 Pages(750 words)Assignment

International Human Rights LAw

...?International human rights law International human rights law Introduction The European Court of Human rightsrejected an appeal by three British Christians (Shirley Chaplin, Lilian Ladele and Gary McFarlane) who were disciplined by their employer for refusal to counsel same-sex couples (Taylor 1). Accordingly, the same court had earlier awarded 2,000 Euros in compensation to Nadia Eweida, a British Airways attendant who was banned from wearing a cross at work. The court ruled that the employers were justified given their obligations to...
3 Pages(750 words)Essay

International Human Rights Law

...enacting criminal legislation to outlaw and suppress acts specified in the instruments or providing for a remedy before domestic courts for violation of specific rights and ensuring that the remedy is effective. But not all of the relationships relating to human rights are internal or domestic or municipal. There are dynamics arising between individuals and international bodies such as the Human Rights Committee, the European Commission and the Court on Human Rights, which exist beyond national jurisdictions. These are...
11 Pages(2750 words)Essay

International Humanitarian Law

...-Tutu, the setting up of recruitment centers in safe places within Ruritania, taking into account the fact that the Black Panthers did not even bother to ascertain the ages of the recruits, clearly violated the Statute, even though the conflict in the country is not international in character. Looking now into the individual liability of the offenders, Guru X has the command responsibility, under customary international law, to answer for any acts committed by his subordinates. In the case of Prosecutor v. Blaki (par 306) the Appeals Chamber of the International Criminal Court (ICC for brevity) ruled...
6 Pages(1500 words)Case Study

International Human Rights Law change. Because they [the consumers] are the ultimate power.”6 Parent-countries though will encounter difficulties in the exercise of their powers for implementation due to its obligation to protect the human rights of their citizens on foreign soil. Any detrimental factors that affect the global competitiveness of such TNC’s are also covered by national laws thereby limiting the powers for its efficacy. The outcome for conflicting laws has allowed corporations operating outside their national jurisdiction to commit or aid in human rights violations. In Beanal v. Freeport-Mc-Moran7; and Bigio v....
6 Pages(1500 words)Essay

LLM Human Rights -International criminal law

...Tribunals, Universalisation of the jurisdiction of national courts for international crimes; Non acknowledgment or the general denial to distinguish and to permit violators the advantageous outcomes of deeds considered unlawful; etc among others5. The aim of this study is thus to examine the scope and the content of the legal responses available under two branches of contemporary international law, namely human rights law and internationalcriminallaw, to atrocities that can be defined as war crimes, crimes against ...
20 Pages(5000 words)Essay

International human rights law

...the principles and concepts of human rights laws, reviews the strengths and weaknesses of the law, analyses the reasons that justify the implementation of these laws and finally validates the argument that human rights law must be made an international law. Further, the paper discusses the major functions of the international court, studying its efficiency through a case study. Human rights are viewed differently by different communities around the world and there might be differences in the...
6 Pages(1500 words)Essay

International Human Rights Law making this attack on US appear to be an attack on the entire world. Now as a consequent, today War on Terror is being fought on several territories that do not even share the same continent with US, including Pakistan, Iraq and Afghanistan. A small glimpse of the human rights violations practiced as a norm during this War on Terror is the inhuman practices of US Army representatives at Guantanamo Bay and Abu Ghraib Prison. Under various bodies and ordinances of the International Human Rights Laws, there are various ethics and morals that are required to be observed while handling prisoners and...
9 Pages(2250 words)Essay

International criminal law (ICC)

... crimes against humanity at that time have prosecuted a number of Hutus. Most recently with the international criminal law, Laurent Gbagbo was arrested by the courts and indicted for crimes against humanity. However, Alasane Ouattra supporters who took the place of Laurent as the president and referred him to The Hague were left free. Thus, it is arguable that most of the international criminal law is most of the time bent to delivering victors justice. Works cited SANDER, BARRIE. “Unravelling the Confusion Concerning Successor Superior Responsibility in the ICTY Jurisprudence.” Leiden Journal of International Law 2010: 105. Web. ... International...
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 Prosecuting Violators of International Humanitarian and Human Rights Law; and The Merits and Limitations of the International Criminal Court (ICC) for FREE!

Contact Us