Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
strengths and weaknesses of the international criminal justice system
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Immunity from Sate Jurisdiction
International law specifies that 'the jurisdiction of a state within
its territory is complete and absolute'[1]. However, it is identified
that certain categories of persons and bodies acting in the public
interest are entitled to immunities and privileges from the exercise
of the State jurisdiction.
In April 1984 WPC Fletcher, a British policewoman was killed, as a
result of shots being fired from the Libyan Bureau. The incident
created great anger and it was asked by many as was whether the Libyan
diplomats were immune from being tried in the United Kingdom courts
and the abuse of such privilege granted to diplomatic persons. This
also prompted the British Foreign Secretary to review of the Vienna
Conventions[2], which grants such immunities.
As a result of this the Foreign Affairs Committee[3] had compiled a
report, following this initial report, the United Kingdom Government
produced a White Paper[4]. The main objective cited in the paper was
to reduce the abuse of the diplomatic immunity and the privileges that
came with it.
In response to the detailed recommendations made by the Foreign
Affairs Committee, the Government stressed that any attempts at trying
to make amendments to the Vienna Conventions was fraught with
difficulty, instead the need to apply the Convention in a firm manner
was more realistic[5]. It was further stated that the new policies to
restrict the abuse of immunities would be more appropriate.
The Government's conclusions included, that it was ready to 'scan bags
and to record their weight and size where there are specific grounds
for doing so but as a matter o...
... middle of paper ...
... Dixen, M. Textbook on International Law, BlackdStone Press,
London, 1997, pg 121.
[2] Vienna Convention on Diplomatic Relations 1961. Hereafter referred
to as the Convention.
[3] The Abuse of Diplomatic Privileges and Immunities: Recent United
Kingdom Experience (1985) 79 AJL 641.
[4] CMD.9497,MISC.NO.5 (1985).
[5] Higgins, R. UK Foreign Affairs Committee Report on the Abuse of
Diplomatic Immunities and Privileges: government response and report
80 A.J.I.L (1986) pg 135.
[6] Para 53&56 of white Paper CMD.9497, MISC.NO.5 (1985).
[7] Para 67-71 of white Paper CMD.9497, MISC.NO.5 (1985).
[8] Vienna Convention on Diplomatic Relations 1961.
Hackworth, Digest of International Law, (1943), Vol.5, Pg 471-472.
[10] Article 15 of the Vienna Convention.
[11] Article 31(1) of the Vienna Convention.
Facts about the case: using marked money, police officers made an undercover heroin purchase from a third person. When the money was taken from the officers, the respondent entered “mom Santana’s” house and came out with the heroin. Officers then arrested the respondent and then returned to Santana’s house where they identified themselves as police officers and then went into the house after Santana, she fled into the house from the porch. After obtaining, the officers then told her to empty her pockets. Once doing so they discovered some of the marked money. The search was done without a warrantless. Did the search violate her 4th amendment? (United States v. Santana. (n.d.)).
INTRODUCTION: In Kyllo vs. United States, 533 U.S. 27 (2001), the police, believing there to be a marijuana set-up in the defendant’s place of residence, acquired a warrant to ascertain this for certain through use of a thermal-imaging scan. The scan, which was conducted outside the premises and measured heat signatures on the building relative to other residences in the same triplex. This brought the question of unreasonable search and seizure before the Court, but more significantly, the question of where the line should be drawn regarding the use of new advances in technology.
One landmark case in regards to competency to stand trial (CST) is the Supreme Court case of Dusky v. U.S. (1960). This case established the minimum standard for competency. Milton Dusky was a man charged with assisting in a kidnapping and rape of an underage female. Even though he suffered from schizophrenia he was found competent to stand trial and was convicted and sentenced to 45 years. There was a petition to reverse his conviction on the grounds that he was not, in fact, competent to stand trial. The courts granted a retrial which resulted in his sentenced being reduced to 20 years.
Meier, Peg, " Scott's Life Intrigues Historian, Budding Playright ", Minneapolis Star Tribune, 02-20-1995, pp 04
Imperialism is the act of big and powerful countries expanding their rule to smaller, less powerful countries. Commonly this results in monarchy and oligarchy governments, one leader makes all of the decisions.
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
Van den Wyngaert, Christine. “The Political Offense Exception to Extradition: How to Plug the ‘Terrorists’ Loophole’ without Departing from Fundamental Human Rights.” International Criminal Law and Procedure. Eds. John Dugard and Christine van den Wyngaert. Aldershot: Dartmouth, 1996.
Stand-your-ground law is a type of self-defense law that allow an individual to use deadly force if he/she felt that their life is in grave danger. The Controversy behind Stand-your-ground law is often criticized for encouraging violence. Critics claim that the laws lead to a "shoot first, ask questions later" attitude that results in more injuries and deaths than would occur without the law. Stand-your-ground law was passed by the former Florida governor Jeb Bush in 2005. Afterward, many other states have followed mostly the Republican States. The laws expand on the "Castle doctrine," which says that a person is protected under the law to use deadly force in self-defense when his or her property or home is being invaded.
Stand your ground defense, a topic that has been inspired from all the senseless killings that has transpired in many communities nationwide. The essay will elaborate on the cause and effect of self-defense.
Both the Fifth and Sixth Amendments to the U.S. Constitution involve the right to counsel. 6th amendment grants right to counsel ensures the right to effective assistance of counsel during the critical stages of a criminal prosecution. The Fifth Amendment right to counsel was recognized as part of Miranda v. Arizona and refers to the right to counsel during a custodial interrogation; Meaning It doesn 't necessarily mean handcuffed but the police have taken the suspect his or her freedom of action in any significant way for example a traffic stop. In this case the defendant was not taken to court instead he was arrested assuming that the Miranda rights were read to him dealing with this scenario on the 5th amendment.
As a republic, Puerto Rico has a government that exercises political control over its citizens. As with any republic, a social contract exists between government and citizens in which citizens give up certain freedoms in order to enjoy the protection and comforts that a functioning government can provide. As a U.S. territory, Puerto Rico shares our three branches of government: legislative, executive, and judicial. Focusing on the judicial branch, one must look at the criminal justice system, which consists of policing, courts and corrections.
...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).
States are left with a wide discretion, limited only by prohibitive rules and wherein no such prohibitive rules exist, States have the freedom to adopt the principles that it regards as best and most suitable. The ICJ effectively held that acts or omissions that are not prohibited under international law are
Von Galhn and Taulbee. 2013. Law Among Nations. An Introduction to Public International Law. Pearson Education.
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...