Introduction
The International Criminal Court (ICC) is the permanent court made for the main purpose of dealing with criminal acts committed by individuals amongst a state in a bit to tamper with the territorial integrity of the state. The ICC has prosecuted altogether … cases; of which are war crimes, - are crimes against humanity, - concern crimes of aggression and – (few) were prosecuted for genocide. Dividing the essay into the four main crimes commonly known as the elements of crimes, the essay will discuss the origin of the ICC’s jurisdiction over these crimes. To start, it will give a short introduction to who the ICC is and their jurisdiction over the elements of crimes listed in the Rome Statute of the ICC. Under each element of crime will be a critical explanation of when the court got jurisdiction and when the court started exercising its jurisdiction as well as (if any) problems faced concerning having jurisdiction.
Who is the ICC?
After the creation of the Nuremberg and Tokyo tribunals, proposals had risen in the Geneva Convention of 1948 for the creation of a permanent court that will deal with international crimes at an international level but its creation was not accepted or received by the cold war era. Shortly after the terrorist attack on the United States in 2001, the Rome conference 1998 accepted the Rome Statute that will guide the ICC alongside some treaties and in July 2002 the ICC came into force. Under the Rome Statute which is the (governing book that guide the court), the ICC is known as a permanent judicial body created by a treaty and known to help nations punish crimes that are committed against their territorial integrity and are of great concern to the international world such as genocide, crimes a...
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...sdiction-of-the-international-crime-of-aggression/, [Accessed 02nd April, 2014]
• Davis C et al, 2011, The Crime of Aggression and the International Criminal Court, National Legal Eagle, Vol. 1, 1 (4), Available at: http://www.iccnow.org/documents/agression.pdf, [Accessed 02nd April, 2014]
• Liechtenstein and the Global Institute for the Prevention of Aggression, 2014 , Definition of crime of aggression, http://crimeofaggression.info/role-of-the-icc/definition-of-the-crime-of-aggression/, [Accessed 02nd April, 2014]
JOURNALS
• Scharf M, 2012, Universal Jurisdiction and the crime of aggression, 53, 3 (2), Harvard International Law Journal, Available at: [Accessed 02nd April, 2014]
• Hwang P, 1998, Fordham International Law Journal, 22 (2), Art 5, Available at: http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1594&context=ilj, [Accessed 02nd April, 2014]
Next in 1899, 1907, 1954 the International Peace Convention (originally The Hague Convention) where held because, in the last wars multiple cultural, art, literature and artifacts pieces were destroyed. Also, the community notice the rise in technology of weapons. The rules of war from the two convention consist of National and Cultural Symbols, Chemical and Biological warfare, Wounded and Sick Soldiers, POW (Geneva III), Civilians and Occupation, and Cultural Property. All of those are rules of war and the are severe consequences if they are broken. The United Nations and International Court of Justice (also known as the World Court) will take care of war crimes. Multiple other organizations were made by the U.N. to take care of certain wars for people such as, Nazi's and The Civil war in Yugoslavia. All countries are suppose to respect and follow the rules of war no matter the
The Harvard Law Review Association. (2005). The Debate over Foreign Law in Roper v. Simmons. Harvard Law Review , 119 (1), 103-108.
Reisman, W.M. (2008). Acting before victims become victims: preventing and arresting mass murder. Case Western Reserve Journal of International Law, 40 (1), 57-85. Retrieved from http://proxy.lib.clemson.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=34239668&site=ehost-live
"7: Rule of Law." United States Institute of Peace. N.p., n.d. Web. 28 Mar. 2014. .
Hoare, Marko A. "Bosnia-Herzegovina and International Justice: Past Failures and Future Solutions." East European Politics and Societies 24.191 (2010). SAGE Journals Online. Web. 18 Apr. 2011.
Since this is true, states are less restrained by the potential risk of humanitarian consequences of their actions. However, global human rights norms do make a difference, but to what extent? This article explains that the U.S violated the fundamental norm to not target civilians on multiple occasions during the Iraq war, however it was not blatantly done; the targeting was done indirectly, and more secretive. The ability for the United States to commit these international crimes discretely, without repercussions displays the level of influence the United Nations has. However, when civilian targeting is discovered this is the point where international humanitarian norms come into play; states fear being shamed or illegitimated. Since the establishment of an international court there has been a reduction in this type of crimes against humanity. Actions such as torture during war has been significantly reduced because of its
Goldstein, J. (1986). The Nature of Human Aggression. Aggression and Crimes of Violence. New York. Oxford University Press, 3-29.
Solution." Indiana Journal Of Global Legal Studies 18.2 (2011): 901-927. Academic Search Complete. Web. 26 Apr. 2014.
SAINATI, TATIANA E. "Toward A Comparative Approach To The Crime Of Genocide." Duke Law Journal 62.1 (2012): 161-202. Academic Search Premier. Web. 25 Nov. 2013
According to Article 38 of the 1946 Statute of the International Court of Justice, the Court shall apply “international custom, as evidence of a general practice accepted as law” in its decisions (Kritsiotis 123). In other words, the International Court of Justice cites customs as a formal source of law. According to Roberto Unger, author of Law in a Modern Society, customary international law is best defined as “any recurring mode of interaction among individuals and groups, together with the more or less explicit acknowledgement of these groups and individuals that such patterns of interaction produce reciprocal expectations of conduct that out to be satisfied (Shaw 72-73). In other words, customary international laws are primarily concerned with how and why sates behave in a particular manner. Customs derive from the behavior of states (state practice) and the subconscious belief that a behavior is inherently legal (opinio juris). Evidence of state behavior is documented in the decisions of domestic courts, international courts, and international organizations. Unlike treaty law, customary laws are binding on all states. Additionally, if a treaty derives from a custom it is also binding on all states. Some of the international court cases that have been instrumental in the development of customary international law include the Nicaragua v. United States case, the Anglo-Norwegian Fisheries case, the Scotia case, the Asylum case, the Paquete Habana case, and the Lotus case.
Scheffer, David J. "Responding To Genocide And Crimes Against Humanity." U.S. Department Of State Dispatch 9.4 (1998): 20. MasterFILE Premier. Web. 19 Dec. 2011. .
About the power of the subjects of international law, it is the basic properties, the special legal ability of the subjects that inherited the rights and shoulder the obligations, legal responsibility in international legal relations. Subjects' power includes two aspects, and only when ones get all these two aspec...
...th 2001). Roth argues that the concept of international jurisdiction is not a new idea but was exercised by the US government in the 1970 after an aircraft hijacking. Also the war crime courts established after the end of World War II exercised international jurisdiction. In fact the Geneva Convention states that is a person regardless of their nationality should be brought before the court of any state in which that person has committed grave breaches of law and convention. Roth states that the concept of international jurisdiction is not a new one but that only in recent years have states been willing to act on universal jurisdiction and go after criminals of the international community regardless of their stating or power within the international community. Roth believes in the ability and authority of international organizations and institutions (Roth 2001).
Mingst, K. (2011). Essentials of international relations. (5th ed., p. 70-1). New York, NY: W.W. Norton & Company
Public International law International law contains of rules and principles, which preside over the relations and communication of nations with each other. International Law that is in most other countries referred to as Public International Law concerns itself only with questions of rights among more than a few nations or nations and the citizens or subjects of other nations. In dissimilarity, Private International Law deals with controversies among confidential persons, natural or juridical, arising out of situations having important association to further than one nation. In current years the line up connecting public and private international law have became more and more doubtful. Issues of private international law may also associate issues of public international law and numerous matters of private international law nave considerable meaning for the international group of people of nations. International Law consists of the basic, classic concepts of law in nationwide legal systems, status, property, responsibility, and tort. It also includes substantive law, procedure, process and remedies. International Law is rooted in receipt by the nation states, which comprise the system. Customary law and conventional law are primary sources of international law. Customary international law results when states trail convinced practices usually and time after time out of an intelligence of legal responsibility. Lately the customary law was codified in the Vienna Convention on the Law of Treaties. Conventional international law derives from international agreements and may obtain any appearance that the constricting parties have the same opinion upon. Agreements may be complete in admiration to any substance except for to the leve...