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The International Criminal Court and the Legal Principles Developed by the Ad Hoc Tribunal - Assignment Example

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This paper under the title "The International Criminal Court and the Legal Principles Developed by the Ad Hoc Tribunal" focuses on the fact of holding both leaders and individual offenders responsible for crimes against humanity as opposed to entire communities. …
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The International Criminal Court and the Legal Principles Developed by the Ad Hoc Tribunal
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Download file to see previous pages The establishment of the International Criminal Court (ICC) follows from these legal principles and carries over to the administering of justice to those who commit international crimes of a serious nature and to ensure that victims, as well as survivors, achieved some measure of satisfaction.2 In other words, the establishment of the ad hoc tribunals of the ICTY and the ICTR are perceived as the “impetus” for the establishment of the ICC which is in turn set up for enforcing the Nuremberg principles of individual accountability regardless of office for violating international law.3 This research is intended to investigate the legal principles developed by the ICTY and the ICTR and the extent to which those principles have been progressed by the ICC. In order to achieve this goal, the legal principles developed by the ICTY and the ICTR will first be analyzed. In the second part of this research, the establishment of the ICC and its contribution and expansion of these legal principles will be analyzed.
International law consists of both human rights law and international humanitarian laws which are different but connected. They are connected because both branches of international law involve protecting the individual. International humanitarian laws are necessary for both advancing State responsibility and enforcing “individual criminal responsibility through either domestic courts or international tribunals”.4 Following the Second World War, the establishment of the International Military Tribunals as Tokyo and Nuremberg gave expression to accepted definitions of international crimes such as war crimes, crimes against humanity and crimes against the peace. 5
As a result of a number of contraventions of international humanitarian laws and human rights, the UN Security Council under the authority of the UN Charter 1945 (as amended) set up the ICTY in 1993 and the ICTR in 1994.6 The main purpose of these ad hoc tribunals was for the prosecution of war criminals.   ...Download file to see next pagesRead More
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