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International Law in Engaging Armed Conflict - Term Paper Example

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This paper evaluates on whether the Security Council and the UN have played their role effectively in constraining violence between states. The fight for justice normally attracts the intervention of the UN and ICC with the aim of prosecuting the perpetrators of this genocide directly or indirectly involved…
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Download file to see previous pages Collective security bodies and the United Nations play a great role in mediating between conflicts arising between states. This is the role of this study to determine ways in which these bodies play, their effectiveness, their defaults and possible strategic approaches that may be effective in controlling violence. Conflict does occur due to situations such as boundaries, resources across the along the border and other unethical issues related to them. A sober approach to these conflicts may prevent violence, saving a life, resources, and properties (Grams, 2001). According to International Committee of the Red Cross (2011), the main causes of international armed attacks are triggered by factors such as global economic crisis, state oppression, and competition for limited resources (United Nations, 2002). These armed groups fetch attention by the global community on the humanitarian concern and legal issues. Such groups may launch attacks on another group, government, a foreign state or a joined group of several states. These groups affect the state or region’s prosperity, development, and stability. Unfortunately, innocent civilians, women, and children suffer more from such conflicts. This is a major drive that calls for international intervention (Ryan Crocker, 2013). International law was created to determine the relationship between states. Such law is composed of the highly statist doctrine that identifies States. These laws are stated in article 38 of the International Court Of Justice. Through the article, it is clear that there are legal obligations and non-legal obligations upheld by the court of justice. For consideration as a state, it has to have a permanent population, well-defined territory, and structured government and ability to enter into agreements with other states. In addition, it has to be globally accepted by other states as an independent state (Sivakumaran, et al., 2012). Formed in 1998, the International Criminal Court abbreviated as the ICC has been in a dilemma regarding several cases that revolve around atrocities committed against the innocent civilians. It was formed with the view of making legal decisions as a court in cases involving serious crimes (Bohlen, 2011). The Rome Statutes have well- a defined structure that outlines the measures to be taken to ensure justice has been served to the people. The court deals with cases such as genocide, crimes against humanity, war and aggression crimes. Although it was the idea of the UN to constitute the ICC,  the UN  has no direct decisions on the matter before the court. The key players in the ICC did not sign the Rome Statute. These include states such as the USA, China, Russia And Egypt (Gegout, 2013). It is the body formed to oversee collective security on a global perspective. The UNSC is mandated to cater to international security and in the promotion of peace, as recorded in the UN Charter, article 24. However, despite this mandate it has been given, it faces a legitimacy crisis. For example, in the case of the United States, the UNSC is unable to constrain the unilaterally inclined hegemonic situation there. This implies that it is not only the UNSC that is in crisis but the entire United Nations body (Hehir, 2010). ...Download file to see next pagesRead More
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