The International Criminal Court (ICC) is dependent upon ratification from states that are willing to give up their own jurisdiction in order to have a stronger enforcement of international crimes. Without support from major states, the ICC will continue to struggle in following through with its promise to promote its main purposes, “justice, peace, and stability” (Simmons, 226). The International Criminal Court has many merits, but also has many weaknesses, but based on the provided articles, I personally believe that the International Criminal Court is an organization worthy of my support.
Of the strengths that the ICC holds, its ability to reduce conflict and increase the amount of peaceful negotiations, which have a positive effect on
Although I am an American citizen, I do not agree with the way that the United States is so against the ICC and any supporter of the ICC. The US went as far as to “bar US participation in UN peacekeeping missions to countries belonging to the Court, and cuts off military aid” (Mayerfield, 95). I believe that by taking these said actions, the US is moving further away from creating global peace, and more towards an unjust society. I believe that because all are at risk of persecution from the ICC, there is a lesser amount of impunity around the world. No matter what rank one holds in society, there is no leeway or freedom from being punished for committing a crime that violates human rights. Less future and current violators of human rights are committing the same crimes with the same previously held mindset that they would walk away unpunished by the law. The ICC has had significant contributions in our world’s movement towards peace and justice. The Court has given national governments the ability to strengthen their own enforcement of human rights, more of a push to “work harder to prosecute and prevent the worst violations of human rights” (103) due to the high risk associated with ICC intervention, and the expected boost that the Court gives to the “prestige and importance of international law” (104). The International Criminal Court’s contributions listed above are only a small depiction of what they have done and what they continue to do through its efforts to restore peace, justice, and stability in international politics despite any criticism they may encounter along the
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.
...ities to come together, and causes people to re-evaluate their relationships with one another, all toward ensuring that, on the whole, peace continues into the future.
Over the next 10 years the criminal Justice system could entirely change with the passing of a major law, epidemic, or failed service. Consequently, every since 9-11 our justice system has become much more open minded. Therefore, resulting in the strict enforcement of laws to protect its citizens. Nothing ever stays the same for too long. New developments related to science, technology, DNA analysis, and countless other tools and other factors are changing for the better in solving cases, prevention of crimes, and aiding in investigations. Where there is change there will be changes in the way we handle everyday processing. For example, booking a criminal, acquiring evidence, and interrogation. This also results in the field of criminal justice having no choice but to adapt to the slowly changing times or else be left behind.
Whether it’s to stop an imminent threat or as a form of response to fear and discrimination, it is common for states to turn towards torture as a mean of attaining information from someone. Torture has been used since the beginning of states and it is still used in some today. The Romans used torture on its citizens who were suspected of crimes, especially violent crimes. The world used torture as a means of acquiring a confession. The Russian Tsars would use torture in order to extract confessions. Ivan the terrible would torture his subjects for amusement, and Peter the great became paranoid that his own son was planning treason and had him tortured and executed. The Nazis tortured Jews in concentration camps and even tortured and killed
...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...
Treaties are the highest source of international law besides jus cogens norms that have binding effect on the parties that ratify them.2 International human rights treaties rely on the “name and shame” mechanisms to pressure states to improve practices.3 However with “toothless” international human rights norms, moral coercion is not always effective. An empirical study conducted by Professor Oona Hathaway assessing the effect of human rights treaty ratification on human rights compliance, maintains in its findings that ratification of human rights treaties has little effect on state practices.4 States do not feel pressured to comply and change their practices, rather, signing treaties is “more likely to offset the pressure rather than augment it.”5 So, is it time to abandon human rights treaties and remit protection of human right to domestic institutions. Hathaway posits elsewhere that despite this treaties “remain an indispensable tool for the promotion of human rights.”6 Instead of getting rid of the treaty system, it is necessary to enhance the monitoring and enforcements mechanism to strengthen the human rights regime to ensure compliance.7 This article evaluates the extent to which international law serves as a useful tool for protection of human rights.
Wemmers (1996) highlights that an effective criminal justice system also protects human rights. Victims are gradually being seen as the notable possessors of such rights that lead to reviews in our domestic system and also by international bodies. The protection of said rights, such as in South Africa where less express definitions between ‘victim’ and ‘human’ rights are being made by policy m...
1. As far as peace keeping methods go, the reputation of the United Nations is very pitiable. This is not only because they have not been doing their job to it’s fullest extent, but also because the member states on the security council haven’t given the UN the power it needs if it is to be a successful force in peace keeping methods.
...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).
It is therefore no longer is it credible for a state to turn its back on international law, alleging a bias towards European values and influence. All that humankind now requires to bring about the elusive, but eternal, dream of perpetual peace is a global citizenship based on a strong commitment to principles of equity and democracy grounded in civil society.
“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 Court of Justice (ICJ) is an important organ of the United Nations. Actually it is the UN's principal judicial arm used to foster international peace. It was established after the League of the Nation and its judicial organ the Permanent Court of International Justice (PCIJ) were dissolved after the Second World War, in 1946. Its main purpose is to support the UN (which was formed in 1945) in its endeavour in promoting international peace and law . Important to note is the fact that this court, although referred to in a non-technical context as the world court, does not automatically possess compulsory international jurisdiction. The treaty creating this court, referred to as the stature of international court of justice, provides an option for member states to chose whether to be subjected to the court international compulsory jurisdiction or not. A state once it decides to be subjected to this compulsory jurisdiction is still at liberty of setting condition that will shield it against adverse implication of the subjection. This provision gives mainly powerful states undue advantage over less powerful ones when it comes to international matters. For instance they can easily decide not to attend the court proceeding, and if they attend they refuse to abide to the court ruling without facing serious implications .
Australia in the United Security Council has shown in its commitments in enhancing the adherence of the international law to ensure there is no conflict and ensuring peace is maintained. This is evident from its continued support for the Internation...