International Criminal Court Essay

International Criminal Court Essay

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International Criminal Court

Allegations of war crimes, genocide, and crimes against humanity have
undoubtedly received unprecedented press coverage in recent years –
more than at any time since Nuremberg. This is not because the
incidences of such barbarities have increased, but
simply because those crimes are brought to us more rapidly these days
by the electronic media. Since the early 1990’s the international
community has witnessed of a variety of criminal tribunals that were
meant to promote peace-making and political transition in situations
of gross violations of human rights and armed conflict among ethnical
or religious groups. This tendency led to the establishment by the UN
of two ad hoc Tribunals-for the former Yugoslavia and for Rwanda-and
of the International Criminal Court (ICC). There was also a
proliferation of 'mixed' judicial bodies-in Cambodia, Sierra Leone,
Kosovo and East Timor-composed of both national and international
judges and enforcing domestic as well as international criminal law.
It is perhaps most cynical to assert that transitional societies,
convalescing from conflict or moving from oppression towards
democracy, have developed a variety of ways of dealing with past war
crimes and human rights abuses. Irrefutably they have united the
short-term and long-term goals of ending the conflict and preventing
its recurrence, and achieving social stability and reconciliation.

Almost a century after the idea for such a body had first been mooted,
on 17 July 1998, to the acclaim of many; a permanent International
Criminal Court (ICC) was born at last in Rome. The adoption on that
day of the Court's Statute...


... middle of paper ...


...rnatives to prosecution it
is difficult to express a preference among them, other than the vague
notion that "perhaps the challenge is to meet a basic need for balance
and wholeness." Neither the "one size fits all" prosecutorial
strategy, nor a uniform preference for amnesty or some non-juridical
alternative in every case, would be justifiable. Circumstances differ,
and circumstances matter. Atrocities, whether committed abroad or at
home, are almost by definition highly unusual. For precisely that
reason, their resolutions should be too.

Ironically, perhaps, a court that is very similar to these from a
legal point of view is likely to soon be established in Iraq.

You make some good and thought-provoking points, but your language is
not always as clear as it might be. Clarity is of supreme importance
in law!

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