StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

International criminal court - Essay Example

Comments (0) Cite this document
Summary
The 1996 report of the International Law Commission had declared that crimes under the international law, frequently mandated the participation of several…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER98.3% of users find it useful
International criminal court
Read Text Preview

Extract of sample "International criminal court"

International Criminal Court of the of the International Criminal Court Argument in Support of the ICC Formation of a permanent international criminal court (ICC) constitutes a crucial measure for securing human rights. The 1996 report of the International Law Commission had declared that crimes under the international law, frequently mandated the participation of several entities who were placed in positions of governmental authority or who enjoyed military command.
In addition, there is consensus among nations that criminals should be made to pay for their crimes by national institutions. However, during international or national conflicts, these national institutions frequently tend to be reluctant or incapable of enforcing justice. There are several reasons for this inability of national institutions, such as, first, the absence of political will to prosecute their own citizens or high ranking officials. This situation was witnessed in the former Yugoslavia. Second, these national institutions could have been destroyed, as was the situation in Rwanda. In the absence of justice there cannot be peace, without law no justice, and when there is no court to decide what is just and lawful there can be no meaningful law (United Nations, 1999). An international criminal court achieves justice for all, ends impunity, helps in ending conflicts, remedies the defects in ad hoc tribunals, provides an alternative to national criminal justice institutions that are unable or unwilling to act, and to acts as a deterrent for future war criminals.
Argument against Forming the ICC
In reality, the ICC has not achieved greater success than the ad hoc tribunals that it supplants. Akin to the tribunals of Rwanda and Yugoslavia, the ICC does not act swiftly. Moreover, it is devoid of a system for enforcing its decisions. This makes it dependent upon governments to arrest and present perpetrators before it. Albeit, the ad hoc tribunals had this defect, they were able to rely on a UN Security Council resolution requiring international cooperation in executing the arrest warrants. In addition, the ICC is devoid of forceful checks on its authority (Schafer & Groves, 2009). Theoretically, the nations that had ratified the Rome Statute were to control the ICC; however, this has not been realized in practice.
As such, the establishment of an International Criminal Court cannot guarantee protection for human rights, which is the basic aim of its creation.
List of References
Schafer, B. D., & Groves, S. (2009, August 18). The U.S. Should Not Join the International Criminal Court. Retrieved May 17, 2015, from The Heritage Foundation: http://www.heritage.org/research/reports/2009/08/the-us-should-not-join-the-international-criminal-court
United Nations. (1999). Rome Statute of the International Criminal Court. Retrieved May 17, 2015, from http://legal.un.org/icc/general/overview.htm Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“International criminal court Essay Example | Topics and Well Written Essays - 250 words”, n.d.)
International criminal court Essay Example | Topics and Well Written Essays - 250 words. Retrieved from https://studentshare.org/social-science/1694941-international-criminal-court
(International Criminal Court Essay Example | Topics and Well Written Essays - 250 Words)
International Criminal Court Essay Example | Topics and Well Written Essays - 250 Words. https://studentshare.org/social-science/1694941-international-criminal-court.
“International Criminal Court Essay Example | Topics and Well Written Essays - 250 Words”, n.d. https://studentshare.org/social-science/1694941-international-criminal-court.
  • Cited: 1 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF International criminal court

The international criminal court

...with the Rome Statute and aims at dealing with the most serious international crimes, including crimes against humanity. Some of the most famous cases in the ICC included the case of Milosevich and prosecutions against the political and military leaders of Congo and Uganda. Based on the principles of legitimacy, fairness, and justice, the ICC exemplifies a successful attempt to resolve the most controversial crime situations and issues at the supranational level. The ICC: purpose and structure The International Criminal Court (ICC) is fairly regarded as the central and most important body in the criminal prosecution process. It “is the first permanent,...
10 Pages (2500 words) Essay

The Reckoning : The battle for the International Criminal court

...? Order 512824 Topic: The Reckoning: The battle for the International Criminal court The Reckoning, a documentary in English produced in US in the year 2009, has a running time of 95m, and should set the world class legal luminaries and politicians thinking. The film makers are Pamela Yates, Paco de Onis, and Peter Kinoy. It shows an attempt to protect the fundamental rights of a human being by applying the rule of law by international yardsticks. This case is being tried at the International Criminal Court, the permanent court to try crimes against humanity, be they war crimes or genocides. ICC prosecutor Luis Moreno-Ocampo makes relentless efforts “for 3 years across four continents, and he and his team are on the job to issue arrest...
1 Pages (250 words) Movie Review

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

... law. There is at present a solid set of laws, even though it evidently does not cater to every crisis or include every region (Kirsch 2001, 3). 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. However, attaching new laws and building new foundations, although they are recognised by several nations, does not in itself offer reprieve to people whose rights are being violated (Grant 1997, 2). This paper will discuss the extent to which individuals and states that abuse human rights and violate international...
9 Pages (2250 words) Essay

The United States and the International Criminal Court

...States and the International Criminal Court The United States has always shown interest in the formation of the criminal court since 1995. However in July 1998, after endless preparations and negotiations in Rome, as many as 120 states voted for the establishment of the International Criminal Court (ICC). It officially came into existence in July 2002. This also marked the day when the President also signed the American Service members’ Protection Act (ASPA) restricting the U.S. from giving assistance to the ICC. The international norms as well as institutions have a significant effect...
4 Pages (1000 words) Research Paper

United States and the International Criminal Court

... compensation to humanitarian case, (Khin, 2009). The purpose of international criminal court is to prosecute grave felonies against humanity irrespective of their perpetuators and judge suspects for intensive infringement of human rights, including those crimes executed during military struggles. Discussion International criminal court’s goals The key objective of international criminal court is to bring to justice and hold responsible the perpetrators of serious felonies against humankind such as felonies against civilians, genocide and grave war conflicts, (Lizardo, 2008). International Criminal Court aims to foster peace and fairness. The fundamental objective of the UN is to ensure universal honor of human rights and essential freedoms...
4 Pages (1000 words) Research Paper

International Justice And The International Criminal Court Between Sovereignty And The Rule Of Law

...in several International justice-associated developments as the Director of the International Justice Program of the Lawyers Board for Human Rights in New York, together with Rome Diplomatic Conference taking place at the ICC. He has addressed in International Law at Columbia University, in addition to at King's College London, since then he holds a Ph.D. His major contributions in the field of International Justice and The International Criminal Court, till today are as follows; He offers a wide-range examination of the means for, and the blockades to, protecting impartiality for international...
11 Pages (2750 words) Essay

Criminal Court Visit

... Criminal Court Visit The portrayal and perception f criminal procedures and the courts have the public concerned f how safe they really are from deviants f the law and if the guilty parties are being punished accordingly. It is public opinion that there are many abuses in criminal procedure. This would include everything from traffic stops to search and seizures. The community also views the court system through warbled glasses. The prosecutors are always seen making deals with defendants and judges are viewed as being too lenient. Because there is little faith in the fairness f police procedures and court outcomes the public turns to the media to get the real "truth". The general majority believe that crime is on a constant rise...
7 Pages (1750 words) Assignment

Why has it proved so difficult to create an effective International Criminal Court

... approved. This has led to power imbalance in the UN with other nations feeling sidelined and having no powers to disagree. The existence and operation of the International Criminal Court (ICC) is one of the issues being disagreed upon by member states. Disagreements surround charges taken to it and how it only handles cases from some states and not from others and especially those holding the veto power, leading to it lacking the impartiality necessary in a court of justice. Its operation therefore lacks consensus making it difficult to exist and perform its roles. The fact that the operation of the court from its inception seems to be controlled by a few members has brought about more questions than answers, and led to creation of issues...
5 Pages (1250 words) Essay

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

...The International Criminal Court and the Legal Principles Developed by the Ad Hoc Tribunal’s for the Former Yugoslavia and Rwanda. Introduction The UN Security Council set up the ad hoc International War Crimes Tribunal for the Former Yugoslavia (ICTY) and Rwanda (ICTR) with the intention of individualizing guilt. The idea was to hold both leaders and individual offenders responsible for crimes against humanity as opposed to entire communities. The UN Security Council had hoped that by taking this approach to culpability, the Former Yugoslavia and Rwanda would find peace.1 Ultimately the ICTY and the ICTR were formed to prosecute humanitarian atrocities that occurred during times of conflict. The establishment of the International...
20 Pages (5000 words) Assignment

International Criminal Court

...with the most serious international crimes, including crimes against humanity. Some of the most famous cases in the ICC included the case of Milosevich and prosecutions against the political and military leaders of Congo and Uganda. Based on the principles of legitimacy, fairness, and justice, the ICC exemplifies a successful attempt to resolve the most controversial crime situations and issues at the supranational level. The ICC: purpose and structure The International Criminal Court (ICC) is fairly regarded as the central and most important body in the criminal prosecution process. It “is the first permanent, treaty based,...
10 Pages (2500 words) Term Paper
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 International criminal court for FREE!

Contact Us