International Regimes and International Criminal Court's Competence - Case Study Example

International Regimes Introduction In the event of the international regime, there have been efforts for over two decades to understand the conditions and the means under which the different states cooperate with each other. Unsurprisingly, almost all the major research traditions have positively contributed towards the idea and understanding of the regime. Despite the contemptuous issues experienced in the near past, the concept of regime, as been significant whith continuous important contributions to the literature1. This essay is purposefully to define the regime overview within the international scope despite the high contention about the core study elements of regime; however, the interest in this subject has not diminished yet. Secondly, the essay will access the effectiveness of the international regime of which in this case will be based on the international criminal court (ICC), in addressing the human rights, environment and arm control within the global perspective as the ICC regime concept remains important following continuous significant literal contributions globally.2 An International Regime A regime is both an explicit or implicit principles of decision-making procedure, norms and rules approximation within the international relations and arrangements pertaining definite activities, geographical areas, resources and other expectations converge. The international criminal court is one such regime mandated to ensure that the rule of law prevails and applicable to all regardless of the state or the individual powers and authorities. In addition to that, the international criminal court (ICC) ensures that the gravest criminals and other lawbreakers get the punishment for the committed crime. ICC was the first permanent international treaty based criminal court to be established; this is according to the ICC website.34 The ICC, based in The Hague- Netherlands is mandated and acts within its jurisdiction to prosecute individuals for horrific crimes: crimes against human rights genocides and war. However, the ICC should act complementary to the national courts, it is within the ICC’s jurisdiction to act incase the national courts are neither willing nor unable to investigate or prosecute the victims in their own countries. Security wise, the international criminal court is able top safeguard and protect the due process from abuse of the criminal/ witnesses rights and gender bases justice overall under the international law. Environmental concern According to Pruthi, the establishment includes conventions on t he global civilization, for example the international commerce on the endangered fauna and flora5. The other is the issue of the hazardous wastes; the ICC through the Basel convention organized a means to monitor the international movement of waste products. Other than that, the ICC organizes through the US- Canada Great Lakes Water regime to ensure that the quality and quantity of the safe water for drinking is availed6. The other concerns are raised through the united Nations Environmental Program, the regime regularly exchange and update both sides on the contemptuous issues in regard to not only water but all the aspects of environment to ensure sustainable, conducive environment that favors human habitation. The mandates of the ICC being to keep watch on the offenders, its jurisdiction is quite large and have an influence on other regimes for example; when referring to the Global nuclear issue which is really a matter of concern as it threatens the global climatic changes.7 This will in turn affects the environment through alteration of both the weather and climatic conditions. Through this alteration, there will be diverse effects on the food supply globally leading to drought and famine. The global economic situation will worsen if there is no concern and law to govern the environmental issues globally, which varies on specificity and the geographical scope. In addition to the nuclear, there are still a lot of criticisms due to lack of consensus on the global environmental concern.8 Perhaps, the study of the regime has endured due to the international cooperation, the central organ in the international relations. The ICC in conjunction with the ICBL, the International Campaign to Ban Landmines increasingly strengthen the global environmental concern at the grassroots the movement to encourage piece and the law through the protection of the human rights and effectively seeking the international level cooperation. The environmental campaign diversely structured around the global scope and network between the governments, the United Nation s and the non-governmental organizations resulting into strong agreement on the important human security issues globally.9 This issues has got many problems that attributes to the explosion of landmines, trafficking of small arms and light weapons that attributes to the religious and ethical conflicts accusing some religious groups to be linked to the landmines and terrorism. With reference to the terror attach of the September 11th, and its aftermaths, it is a reminder that ignoring one troubling region for long can lead to world threat. In the event of the attacks for example the landmines, the civilians suffer in most cases. Being that they do not have idea and enough money to sue the crime victims.10 Unlike the powerful members of the government who are able to sue the victims both nationally and internationally, this is why the ICC has to be keen and ready to act in situations that undermine the civilian (human rights), also what may hamper the harmony and degrade the environment.11 Each and every person regardless of the position have the right to life, any compromise to life should be dealt with accordingly, issues like environmental degradation, landmines, terrorist and any violation of human rights should be handled with the concern it deserves. In addition to that, most governments partially handle the cases in accordance with how noble the victims, this called for the ICC to intervene in such situations to embrace unity and equality in the human race, according to the Rome statute. Most of the victims and their close allies are continuously arguing against the formation of the ICC and its mandates, but to the global scope, this is the regime be embraced under all situations due to the trust globally bestowed to them.12 Environment and Public Health: As experienced decades ago during the war between Iraq and Iran when nuclear, chemical and biological weapons of mass destruction used, the children born there after developed inabilities due to the effects of the dangerous weapons illegally used. The malformation of the human body development other than the environmental effects to the world is intolerable. The ICC examines such actions in order to be sure that there will be no more use of the weapons of mass destruction. In addition to that, the issue of the Iranian nuclear test launches which has been very controversial due to the adverse effects experienced thereafter. Indeed the launch of such assault caused harsh long-term widespread damage to not only the human beings but also the natural environment, diversely interfering with the ecological and climatic conditions thus resulting into unporedictable atmospheric conditions worldwide. Due to the prior information of the predictable penalty regarded as a war offense.13 Children and Child Soldiers Globally, children easily get influenced and lured into violence in the criminal way; this is due to their incapability to resist cruelty during divergence. More so, they are not easy to detect their actions and reactions especially when trained to fight.14 The ICC and the Rome Statute in conjunction with other world organizations like the UNICEF are supportive for the law that the children below the age of 15 are classified to be underage and be engaged in any criminal activity. In addition to that, such acts considered war crime and crime against humanity. There is procedural protection guaranteed against child’s participation in witness cases, victims of enforced prostitution, rape just to mention.15 However, within the court jurisdiction there should be a chamber set to investigate such acts other than the juvenile delinquency courts in order to protect the juvenile groups as they too play part in the achievement of the human rights and affected by the war and environmental degradation. Furthermore, the children below 18 years are not subject to the crime committed under the jurisdiction of the ICC. Civil Liberties and Criminal Law However, the incarceration and depressions of the marginal groups denying them their liberties in the infringement of their fundamental rights while an orderly attack on the civilian inhabitants under the international law considered under then Rome Statute as an offense against humankind. For instance in the case of prosecuting a persecuted group which can be vibrantly identified differing to the international law is explained under the heading of minority, this too is a crime against human rights and is of concern within the international regimes not only the ICC.16 With the ratification of the ICC and the Rome Statutes, the state courts have the powers and instructions under which to prosecute crimes.17 Gender and Women: Likewise to children, under situations where force is the order of then day for survival, women being weak physically they often face inhuman situations like rape, torture, enforced slavery sex, forced fertilization, enforced pregnancies just to mention other forms of sexual violence. With the knowledge of the attack, regardless of crime, such acts are crimes against humanity. Furthermore even the Rome Statute in cooperate such unparalleled sympathy as a precondition within the trail process of the ICC putting in place the parameters with surety of gender balance during the election of the court officials.18 Economic and Social Development Due to the high rates of crime19, the investors will decline to accept trade offers and signing trade treaties due to the fear of loosing the heavy investments that they are willing to offer to them states and continents. However, the ICC is determined to recover the level of security through corporal punishments to the criminals to act as an example then the criminal minded persons who do not find it conducive without uncertainties. Crime is enemies to growth; however, through development the whole world can have a relief in one way or the other. For example, through development the rate at which the natural forests destroyed to obtain firewood and charcoal will drastically reduce. Other than that, the forestation stepped up, hither to that, there will be adequate rainfall due to the favorable climate. Overall, to the benefit of all, the countries that depend on foreign aid will be able to feed her people and sell the surplus to the global market. This regime, the ICC encompasses a lot in link with crime under the jurisdiction of the court for example, faith based persecution. Faith is a fundamental human right that everyone is entitled to enjoy, even the parents should not decide for their children once they have reached the age that they are able to make their own decisions. The international criminal court has played a central role in the recognition of all the faith based groups within the global justice, this has greatly fortified the international justice being that not all the members of the ICC are under the same faith. However, through the international regimes, the ICC recommendations regarding faith-based organizations have embraced with an overwhelming majority.20 Conclusion Following the World War II crime tribunal held in Tokyo, Japan to try the military and political leaders, it was beyond reasonable doubt that the victims committed the crimes. For instance for the case of American Atomic bomb that killed Nagasaki and Hiroshima, its absurd that only the atrocities committed by the Japanese were punishable, the war crime should be handled with a lot of diligence not to be influenced by the powers of the offenders leading to injustice at the expense of the power holders. That is a horrifying explanation as to why the ICC should act within its jurisdiction to enhance transparency, justice and protection of both the civilian, the powerless states and nations. According to Najmuddin21, ICC as a regime mandated to perform sophisticated tasks that needs well understanding and interpretation of the law in order to achieve an equal consideration with reduced cases of war, use of arms and protect both the environment and human rights. Objectively, this is to ensure good rapport within the international scope hence national understanding and encouraging environment for trade and economic development both nationally and internationally. Reference Anup, S. 2005. The Global Issue. Available at http://www.globalissues.org/article/490/united-states-and-the-icc [Accessed 19 Oct. 2010] Brahm, E. 2005. International Regimes - Beyond Intractability: Conflict Research Consortium. Colorado: University of Colorado. Braithwaite, J. 2000. Global Business Regulation. Cambridge: Cambridge University Press. Claude, M. 2001. Home to Harlem: The northeastern library of black literature. New York: McGraw Hill Publishers.   Harrison, W. 2010. War and the state: a synopsis. International Theory, vol. 2, no. 2, pp. 283-287. Najmuddin, A.S. 2010. Will it succeed in Afghanistan. Asia-Pacific Review, vol. 17, no. 1, 2010, pp.29-46 Noam, C. 2002. Chomsky responses in The ZNet Forum System. London: Cambridge University. Press, H. 2000. Integrating theories of international regimes: Review of International Studies. New York: Prentice Hall Publishers. Pruthi, K. 2002. An Encyclopedic Survey of Global Terrorism in 21St Century. London: Oxford University Press.    Stephanie, L. 2003. International Relations: Political Science / International Relations. London: Macquarie University. William J.C. 2005. Democratic development & political terrorism: the global perspective. London: Oxford University Press. Read More