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Analysis on the achievements of the international criminal court
The Effectiveness Of The International Criminal Court
Analysis on the achievements of the international criminal court
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On the global scale, transnational actors have the capability to enforce international human rights laws. Such capability is currently in place in the global system through the intergovernmental organization known as the International Criminal Court (ICC). The ICC hears cases on genocide, war crimes, and crimes against humanity from around the world. This court is different from the World Court, as it has the ability to indict individuals from any state and is not solely between states. In the creation of the ICC, intentions were to end crimes against humanity through punishing perpetrators and subsequently hoping to deter potential violators. Trials in the ICC can be initiated three ways: A state can turn over an individual, a special prosecutor from ICC can begin a trial if the crimes occurred in a territory that has signed agreements with the ICC, and if an individual is committing crimes in a territory that is not a signatory of the ICC then the UN Security Council can commence proceedings against the individuals. (Goldstein & Pevenhouse, 2012) To understand the procedures and effectiveness of the ICC, specific cases may be examined. Two major ICC cases arose out of Kenya’s 200 elections. As is the common among most democracies, great conflict arises between political parties of differing beliefs. This conflict is most evident during election times. Unfortunately, this conflict turned violent as a result of Kenya’s 2007 presidential elections. During these elections, the Electoral Commission of Kenya manipulated the results. Not surprisingly, when this occurrence became known, Kenyans of both major political parties were furious. Rather than directing their anger at the Electoral Commission of Kenya, however, both political parties targeted each other. Major violence erupted between the Orange Democratic Movement and the Party for National Unity (Odinga,
In order to solve this problem, the ICC needs to adopt a separate provision for trafficking of humans and adopt one of the definitions of human trafficking already in use via the TVPS or the Palermo Protocol. An ascertainable and broad definition regarding human trafficking will help bring such atrocities before the ICC and render actual meaning to the Rome Statute’s enslavement provision.
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 Human Rights Act of 1998 came into power in October 2000, and it represent an honourable epitome of ethical and moral ideologies. As for any idealistic expectations, one must query the effectiveness of the Human Rights Act of 1998 at meeting all its aims in the context of aiding, safeguarding and supporting those in need of assistances from the Social Services in the UK.
There have been many humanitarians that strive to help countries suffering with human right abuses. People think that the help from IGOs and NGOs will be enough to stop human rights violations. However, it hasn’t been effective. Every day, more and more human rights violations happen. The problem is escalating. People, including children, are still being forced to work to death, innocent civilians are still suffering the consequences of war, and families are struggling to stay firm together. Despite the efforts from the people, IGOs, and NGOs, In the year 2100, human rights abuse will not end.
...an, Payam. "Are International Criminal Tribunals a Disincentive to Peace?: Reconciling Judicial Romanticism with Political Realism." Human Rights Quarterly 31 (2009): 624-54.
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.
Haiti was once an economic power when France held claim to the Eastern Part of Hispaniola, then named St. Domingue. It was a French colony flourishing with coffee and sugar. Eventually the ideals of the French Revolution - Liberty, Equality, and Fraternity - made its way to the colonies resulting in a revolution. Haiti was the first slave-led revolution and declared its independence as a republic on January 1, 1804. After their declaration of independence, things started to make a turn for the worst. In 1934 the U.S. forces occupied Haiti to establish stability. The U.S. appointed heads of state but the real power was present in the U.S. occupiers, whereas the heads of state are just figureheads. Haiti’s economy dwindled further down when France demanded reparations of 150 million francs, which wasn’t paid off until 1947. In 65 years, Haiti had 22 heads of state.” In 1957 Francois Duvalier is elected president. He later “creates a totalitarian dictatorship and in 1964 declares himself president-for-life.” This is where Haiti’s political instability really begins.
Back some couple centuries ago, genocide committed by states was seen as heroic, as they were allowed to commit such an atrocity in pursuit of building a larger empire (Lecture 9/18). Keep in mind, that the term “genocide” had not been officially defined by that time, thus not containing the same meaning as it does today. Instead of being seen as evil, states that committed genocide were seen as heroic. In-fact, William Blackstone once said “the king can do no wrong is a necessary and fundamental principal of the English constitution (Lecture 9/18). It wasn’t until 1948, that the term “genocide” had been officially labeled as an official term and international crime. This was declared by the United Nations. One of the first trials to occur due to this was the Nuremberg Trials. In the Nuremberg Trials, twenty-four Nazi leaders and six Nazi organizations were convicted on four counts (Lecture 9/18). Of those twenty-four convicted, twelve of those people were sentenced to the death penalty for the crimes they had committed. Fast-forwarding to the 90’s, 120 countries had signed an international treaty that established the International Court. The International Court was established in 1998 as a result of the treaty and it gave the ICC the jurisdiction to prosecute any related Genocide crimes (History.com). Before I move on
...ociation of independent countries that have agreed to work together to prevent and end wars” in the article United Nations. Positives are promoted by the UN in attempt to improve global social conditions such as international cooperation, economic development, and humans rights. Problems are to be resolved peacefully and diplomatically rather than relying on force. Lemkin brought forth the idea for the Convention on the Prevention and Punishment of the Crime of Genocide; The United Nations adopted it. The agreement states that acts or intents of genocide are considered crimes under international law, and nations need to work to prevent and punish such acts. Author Richard Rupp informs us in his article Genocide that “In 1998, the UN’s International Criminal Tribunal for Rwanda became the first international court to pass a guilty verdict for the crime of genocide”.
International law is a body of legally binding rules that are suppose to govern the relations between sovereign states. (Cornell Law School) In order to be a qualified subject, a state has to be sovereign. To be considered sovereign the state needs to have territory, a population, and a government that is recognized or legitimized to most other states. In the more modern explanation of international law now can include the rights and obligation on intergovernmental international organizations and even individuals. Examples of an international organization would be Greenpeace or the United Nations and an example of an individual would be war criminals, a leader of a state that violated human rights during a time of war. When a dispute arise and cannot be solved amongst the two actors involved they can turn to the U.N. to arbitrate and to the International Court of Justice, one of many courts within the U.N. to find a resolution to their problem. The International Court of Justice’s main task is to help settle legal disputes submitted to it by states and...
Freedom of expression, association, and assembly are all taken for granted in America, but in Ethiopia, these basic rights are denied and restricted; and the end result of trying to fight for it is arbitrary arrests, detentions, and beatings from the Ethiopian authorities. Almost all of the human rights groups have been removed and a number of organizations have been closed entirely. More journalists have fled Ethiopia than any other country due to the threats and intimidation. This violation of basic human rights should not be tolerated and is important because it is causing innocent people to receive beatings and be arrested, for having their own thoughts; they are also fleeing the country just due to fear. I believe people should not be scared to speak their mind or state their opinion without concern of being targeted.
In the year 1942, fellows of the Kikuyu, Meru, Kamba, and Embu tribes took an oath of unity and secrecy to fight for independence from British decree. The Mau Mau movement initiated with that oath and Kenya ventured on its relentless journey to National sovereignty. The Mau Mau movement was a militant African nationalist unit that resisted against the British authority and its colonial rule. The Mau Mau members were chiefly made up of Kenya’s largest tribe, Kikuyu. The Kikuyu conducted intense assaults against their colonial leaders. Between the years 1952 and 1956, the British overpowered the Mau Mau over a violent operation of military action. Nevertheless, the Mau Mau Rebellion also convinced the British that social, agrarian and political improvements were essential for Kenya’s future.
...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).
“On November 21, 1947, the General Assembly of the United Nations adopted resolution 174 (II), establishing the International Law Commission and approving its statute.”[2] The International Law Commission encourages the development of international law and its codification. The Commission deals primarily with public international law, but also hears private cases as well.[3] International law is applied within an international community, such as the United Nations, and functions to define the proper norms or standards for members to abide by in a collective manner. Examples of such standards could be a ruling on The Universal Declaration of Human Rights or on threats to peace within the International Community.
The international law is the fundamental basis of sovereignty and equality of all states. It promotes peace, order, and justice to the international society. The effectiveness of the international law is also anchored to the international community whether they will follow or not. It is important that international community has rules and obligation to follow in order to prevent chaos in the society. The development of international law led to the understanding of different policies and sanctions for the states. It deals with conflict of the states to relieve destructive conflict. The international law is agreed upon by the international community but there is no enforcing body unlike in the domestic law. State has been relying to treaties and international agreements for the prevention of war.