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Peru - Essay Example

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Although the approach may have some limitation associated with it, sovereign states should be allowed to take care of their criminals…
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Topic A: Scope and Application of Universal Jurisdiction Universal jurisdiction in international law allowsa state without extraterritorial or national competence to try a criminal in their custody. Although the approach may have some limitation associated with it, sovereign states should be allowed to take care of their criminals. Despite the creation of international criminal court by the international community with a mandate of punishing criminals linked to crimes such as torture, war crimes and genocide, Peru has a functional bench that can be able to punish criminals who have committed heinous crimes (Caro & Carlos, 590). A good example is when President Alberto Fujimori who ruled the country from 1990 to 2000 was found guilty for grave violation of human rights by the Peruvian Supreme Court.
The conviction and prosecution of the president in the country indicated that the country was able to deal with crimes of such levels. The verdict aimed at achieving accountability after the crimes committed in the country and the globe (Giddens & Thomas, 30). Cases of grave human rights violation have often been presented at the international criminal court basing on the absence of effective judiciary systems in the member states. The trial of the former Peru president was successful despite the many challenges. The trials of Head of States such as Slobodan Milosevic and Charles Taylor have taken place in the international court. However, Peru’s approach indicates that national governments can be able to prosecute former leaders by putting unique and highly competent judiciary system in place (Lee, Ambrose, 70).
Topic B: Transboundary conflict on the consequence of resource utilization in one of the states
Basing on the second principle of the Rio Declaration targeting sharing and management of transboundary resources, States have, in accordance with the principles of international laws and charter of the united nations, the sovereign rights to extract and exploit their resources pursuant to their own developmental and environmental policies, and the responsibilities of ensuring that activities within their control and jurisdiction do not cause harm to the environment of neighboring states and beyond. Political borders are drawn on natural resources and environment that overlap into one another. Such resources are often extracted for developmental gain although sometimes it may result in consequences such as pollution (Kauffer, 40).
The consequences of extraction may cross the political boundary set and affect the neighboring states. Peruvian people and boundary have to be protected from the effects of resource extraction in the neighboring countries such as Brazil and Bolivia. The activities of Bolivia’s government on Lake Titicaca should not cause harm to the state of Peru and the population. The general assembly’s 6th committee should come up with more appropriate ways of preventing transboundary harm among neighboring countries. Neighboring countries should cooperate when assessing transboundary resources. States should ensure that extraction of an individual resource does not impact negatively on a neighboring state. States should be responsible for the harm resulting from extraction of transboundary resources toward the neighboring state. According to international laws, no state has a right to permit or use resources found in its territory without focusing on the consequences of its action to the other state (Dombrowsky, 135).
Work cited
Caro Coria, Dino Carlos. Prosecuting International Crimes In Peru. International Criminal Law Review 10.4 (2010): 583-600. Web.
Dombrowsky, Ines. The Role Of Intra-Water Sector Issue Linkage In The Resolution Of Transboundary Water Conflicts. Water International 35.2 (2010): 132-149. Web.
Giddens, Thomas. Criminal Responsibility And The Living Self. Criminal Law, Philosophy (2013): n. pag. Web.
Kauffer, Edith. Conflicts And Cooperation In Transboundary Rivers Basins Of Central America And Southern Mexico: From Lempa To Usumacinta Watersheds. Regions & Cohesion 4.2 (2014): 30-53. Web.
Lee, Ambrose Y. K. Public Wrongs And The Criminal Law. Criminal Law, Philosophy (2013): n. pag. Web. Read More
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