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]
"7: Rule of Law." United States Institute of Peace. N.p., n.d. Web. 28 Mar. 2014. .
Drumbl, M. B. (2007). International Decisions. American Society of International Law , 101 (4), 841-848.
The Legalist Paradigm represents the dominant thinking in the international law of armed conflict. It is an attempt to outline a theory of aggression, and a basis of judgment on the just or unjust nature of a war. It places its claim and is based on six fundamental principles: firstly, that there exists an international society of independent states made up of individuals, secondly that members of the international society have the right to political sovereignty in addition to territorial integrity, that any use of force or imminent threat of force by one state against another constitutes aggression and is criminal, that violence is justified to defend or as a means of law enforcement by a victim or any other member of the international society,
Vinjamuri, Leslie. “Deterrence, Democracy, and the Pursuit of International Justice.” In Ethics and International Affairs 24:2 (2010): 191-211.
Andreas F Lowenfield, “Looking Back and Looking Ahead,” The American Journal of International Law, Vol. 83, No. 2, April 1989, p. 336-341.
On May 25, 1993, U.N. Security Council Resolution 827 established an international tribunal charged with prosecuting violations of international law arising from the armed conflicts in the former Yugoslavia. Not since the Nuremberg and Tokyo trials, following World War II has an international court tried individuals accused of crimes against humanity, war crimes, and genocide. The International Tribunal for the Former Yugoslavia (ICTFY), which was established at The Hague, Netherlands, is widely seen as an important step toward the deterrence of crimes, the establishment of the firm rule of international law, and the promotion of world peace. Yet, from its inception, the tribunal has generated controversy among supporters and detractors. Among those who believe that the tribunal idea is sound, the principal concerns are that such an institution be established on a sound legal basis, that it adhere to an acceptably high standard of due process, that it administer equal and dispassionate justice, and that it be perceived by nations and individuals to be legitimate, fair and effective. Unfortunately, the Yugoslavia tribunal has not yet met all these standards--and may never be able to meet all of them in the fullest sense. A discussion of some of the realities that face the ICTFY demonstrates why the task of making the tribunal work is so difficult--and why it is vital that it be accomplished.
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
Solution." Indiana Journal Of Global Legal Studies 18.2 (2011): 901-927. Academic Search Complete. Web. 26 Apr. 2014.
The International Criminal Court was formally established 1 July 2002. “The statue which exercises jurisdiction over four crimes – genocide, crimes against humanity, war crimes, and crimes of aggression (applicable only after a further provision defining aggression and conditions of jurisdiction is adopted).” (Toon, 2004: 1). The ICC is considered to be a court that is a last resort. It was implemented for heinous crimes that are committed to be used when states (countries such as Southeast Asia) are not willing or not able to provide justice for such crimes to the victims. To date, Southeast Asia has only two of their eleven states that have implemented the ICC which are Cambodia and Timor – Leste. Third world countries have a hard time with prioritizing their affairs. With economic hardships, terrorism, and socio-political taking the precedence over justice for individuals that are victims of the above crimes. There are many questions that have been established in regards to why countries, South East Asia in particular have not become part of the ICC. The author, Valeriane Toon, presents to her readers some questions as to why Southeast Asia has not accepted the International Criminal Court. “Is it the fear of setting a precedent by consenting to the subjugation of territorial integrity on ethical grounds, which could culminate in a spontaneous compromise of state sovereignty once this, is ensconced into customary law, as articulated by numerous major powers? Or is it simply a rejection of terms propounded by the Statue” (Toon, 2004: 1)? The other main question that cannot be overlooked is how much influence does the United States may have over the governments of Southeast Asia” (Toon, 2004: 1)? Though Toon provides o...
...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).
Tanzi, Attila., Problems of Enforcement of Decisions of the International Court of Justice and the Law of the United Nations, EJIL, 6, (1995) 539-572.
Von Galhn and Taulbee. 2013. Law Among Nations. An Introduction to Public International Law. Pearson Education.
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...
Many controversies have arisen nowadays as to whether international law is “natural law”, international law now faces considerable criticism as to its effectiveness as law and doubts as to its actual existence, and its power to bind countries .
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...