International Criminal Law: A Fallacy or Reality? Essay example

International Criminal Law: A Fallacy or Reality? Essay example

Length: 695 words (2 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

The opinion that those persons who commit heinous acts against others should be held responsible for those actions, especially in the laws of war, have been present for centuries. It was not until after World War I, that this type of justice would gain an international stage. However, even though the Great War claimed the lives of millions of service members and citizens on each front it was viewed as the nation that was held responsible not the individual. World War II was a different matter. Though commanders received orders from high command it was ultimately under their discretion as how to proceed. Both the Axis and Allied powers committed atrocities, however history is written by the victors. At the end of World War II the crimes committed by the Germans and Japanese armed forces would come to light during the tribunals in Nuremberg and Tokyo. Unlike the war reparations of World War I, these trials would focus on the individuals who ordered the actions and those who were accomplices. These trials, and those of more recent years, would set the foundation of a plausible international criminal court and law to follow. The current court however is still in its infancy. Even international criminal law is continuing to evolve and develop in order to more effectively prosecute those who commit these atrocious acts. However, with the effect of globalization and the continuing cooperation of nations to aid one another, even with an underlying political agenda, the growth and plausibility of an international court can gain ground in the field of reality.

Currently, those who commit crimes of an international scale are brought to trial through tribunals and as of 2002, more often through the International Criminal Court. Though, even...


... middle of paper ...


... and in any place in the international realm especially since the growth of human trafficking where nearly half of those attacks can be placed. Though crimes against humanity can and are committed during times of war the separate category of war crimes, which can fall under international humanitarian law, is a violation of the laws and customs of war. These are breaches on international humanitarian law and its actions include: willful killing, torture or inhumane treatment of civilians and prisoners of war. The foundations of these crimes are found under the Geneva conventions held in 1949 consisting of four treaties and additional protocols. These laws and statues however exist only in times in international armed conflict. A separate, and shorter list, of prosecutable crimes in non-international conflict is provided by the ICC (Artice 8, 1998 Statute of the ICC).

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Essay Criminal Law And Criminal Justice

- Criminal safeguard is easier to comprehend if the idea of criminal law is seen also. Criminal law is characterized as the collection of law which manages the constitution of offenses and the discipline given to guilty parties for their wrong doing. Among idea of criminal law, there are four essential standards that relate to the subject. The main guideline is pure until demonstrated liable which is viewed as the premise of the criminal equity framework. Despite the fact that that an individual can get accused of an offense, he or she is still demonstrated blameless until demonstrated blameworthy of that offense....   [tags: Crime, Criminal law, Criminal justice, Law]

Better Essays
1764 words (5 pages)

Essay about Criminal Law And Civil Law

- There are two types of law in the U.S. judicial system: criminal law and civil law. Civil law is considered as a law that is designed to address private wrongs. “A private citizen who believes that he or she has been injured in some way by another may sue that party for damages” (Hemmens, Brody, & Spohn, 2013). Civil law as stated before is the settling of disputes between private citizens since many disagreements can arise concerning anything from property, contracts, and even personal injuries....   [tags: Criminal law, Law, Civil law, Civil law]

Better Essays
710 words (2 pages)

Essay on The Seven Principles Of Criminal Law

- The Seven Principles of Criminal Law When examining crime, it can sometimes be difficult to tell where to start. Distinguishing a crime from a non-crime can seem like a simple task, but the criminal justice system has several guidelines that answer the question, “What constitutes a crime”. This is the first and most fundamental question in all of the criminal justice system. It is of the utmost importance to determine who has committed a crime so, if found guilty, that individual can be punished and justice can be given to the victim....   [tags: Criminal law, Law, Criminal justice, Police]

Better Essays
770 words (2.2 pages)

The Purpose of Criminal Law Essay

- Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations....   [tags: Criminal Law Essays]

Better Essays
855 words (2.4 pages)

Essay on The Purpose of Criminal Law

- Even though constituents of civilization may protest about the laws that control their daily lives and dispute in opposition to government power on principle, civilization could not accurately function without laws and without criminal regulation in particular. For centuries many have seen the principle of criminal law and of the government and the legal system collectively, as essential for the “smooth implementation of society and the conservation of order” (Duff, 2008). This view of criminal law considers it as part of the social agreement planned by Thomas Hobbes....   [tags: Criminal Law Essays]

Better Essays
918 words (2.6 pages)

Essay about The Purpose of Criminal Law

- Due process is a right afforded us in the United States Constitution. It is mentioned in both the 5th and 14th amendments (Cornell University Law School, 2014). Due process is as relevant today as it was the day it was written as it “assumes that freedom is so important that every effort must be made to ensure that criminal justice decisions stem from reliable information (Cole & Smith, 2007, p. 11)”. The due process clause contained in our constitution is meant to afford all our citizens legal equality....   [tags: Criminal Law Essays]

Better Essays
936 words (2.7 pages)

Essay on Criminal Law Basics

- “ Criminal law is the body of law that relates to crime.” (Wikipedia, 2014) This law encompasses several different aspects of our government and the ways used to regulate them. Maintaining the peace and order of the public is one aspect. Law enforcement officers also try to keep good conduct of the public. Anyone who places the safety of the public in jeopardy, is in violation of this law. Punishment is used in a variety of ways to discipline any person who breaks these laws. There are four main sources used in today’s criminal law: • Constitutional law – body of law that includes guidelines and rules used to ensure the correct meaning of the constitution....   [tags: Criminal Law Essays]

Better Essays
1136 words (3.2 pages)

Essay on Distinguishing Criminal and Civil Law

- Before explaining some differences between civil and criminal functions and purposes, we must have some idea of the nature of law “law is asset of rules which prohibit us from doing curtain things on pain of punishment and which exist for the settling of disputes between people and recognized legal entities and between privet individuals” (Roger Thomas dose 2003-2004 p.7.). As roger Thomas said there should be a set of rules for each individual to prohibit him from doing things which are not right, therefore there is a parliament and other different bodies which sets the rules for the environment....   [tags: Criminal Law Essays]

Free Essays
392 words (1.1 pages)

Strict Liability in Criminal Law Essay

- It is the purpose of this essay to discuss whether the implementation of strict liability within criminal law system is a necessary means for combating crime, and if there is any justification for its use. Strict liability is the placing of liability upon the defendant(s), regardless of whether or not mens rea is present. This can include instances of negligence, carelessness or accident. There are a number of arguments for and against strict liability, and this essay will identify and explore these arguments....   [tags: Criminal Law Essays]

Better Essays
1425 words (4.1 pages)

Fallacy Essay

- Fallacy three logical fallacies that are used in this paper are Post Hoc Ergo Propter Hoc, Far-Fetched Hypothesis, and False Dilemma. What is a fallacy. A fallacy is viewed as an error in reasoning. To be more exact, a fallacy is an "argument" in which the premises given for the conclusion do not provide the needed degree of support. A logical fallacy is an error in logical argument which is independent of the truth of the premises. When there is a fallacy in an argument it is said to be invalid....   [tags: Fallacy Fallacies Social Issues Essays]

Better Essays
823 words (2.4 pages)