Essay on International Criminal Court

Crimes against the international community are a collection of offences that are recognised by the international community as being of universal concern. However the prosecution of crimes against the international community can be controversial. Such crimes may be committed in the context of military conflict. They may be highly politically motivated, or they may have been ordered or committed by the state itself. The establishment of the International Criminal Court (ICC) in 2002 was a significant development in the law of crimes against the international community. The independent international court established by the Rome Statute, acts as a last resort for crimes fitting into the three categories of genocide, crimes against humanity and war crimes. Due to Australia’s Dualistic system, both the War crimes Act

There have been a number of instances in which the United Nations is not effective in enforcing international law. They are not successful as states are able to decline the authority of the International Court of Justice to hear the case. This

Brett Schaefer and Steven Groves believes the United States decision was justifiable. They argue that the International Criminal Court has a worthy purpose, but still has issues that need to be addressed before the United States would join the court. Schaefer and Groves explain the Article 98 Agreement and the American Service Member Protection Act. Also their argument contains the five concerns the Bush Administration had about joining the ICC, but the two major concerns regard the fear of political abuse of power and also the threat to national sovereignty.

Taking this into consideration, dealing with external activities of a state, international law has extensive latitude. In Article 38 (1) of the Statue of the International Court of Justice, the following sources of international law are acknowledged: (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting States; (b) international custom, as evidence of a general practice accepted as law; (c) the general principles of law recognized by civilized nations; (d) ... judicial decisions and the teachings of the most highly qualified publicists of the various nations, subsidiary means for the determination of rules of law (36). Sources having a technical meaning related to the law making process and must not be confused with information sources, research sources or bibliographies on international law (35). Rules expressed and recognized by consenting states are referred to as treaties and/or conventions. Treaties are codified agreements established by consenting states as means of resolving a dispute or to recognize mutual interests. Since treaties are codified, they are favored over customary law; therefore, becoming a vital part of building a more stable foundation for international law. States are required to meet their international obligations as well as formulate efforts to

- Participation of the International Law Organization: [Accepts the compulsory jurisdiction of the International Court of Justice with reservations; accepts the jurisdiction of the International Criminal Court]. (1)

The book Rough Justice: Battle to Fix the World, One Prosecution at a Time was authored by David Bosco. Basically, the book focuses on the establishment of the international court and how years after its formation the powerful nations do not cooperate with it. Powerful nations such as the United States and Russia do not support the activities of International Criminal Court (ICC) and thus leaving its mandate to the poor African Nations. The book was chosen because it touches on one of the subjects of international law. The ICC is part of United Nations that deals with the violators of the international law: it helps to provide an enforcing mechanism for international law that has been lacking for long time.

this essay I will attempt to examine and analyse the effectiveness of international courts and

- International law organization participation: [Accepts the compulsory jurisdiction of the International Court of Justice with reservations; accepts the jurisdiction of the International Criminal Court]. (1)

The International Criminal Court (ICC), created in 1998 (Thayer and Ibryamova 2010), is responsible for investigating and prosecuting the most extreme cases, including crimes against humanity, aggressive crimes, war crimes, and genocide. The credibility of this institution, however, has been compromised due to the United States revocation of support and membership. Initially it is important to recognize the arguments against the United States becoming a member state of the ICC and what precipitated the U.S. withdrawing its signature from the document that instituted the Court. Once this has been established, addressing and refuting these objections will develop the arguments in favor of ICC membership. Finally, this analysis will lead to

To support my argument, I will first discuss the evolution of international criminal justice and the ICC. Then I will address my three subsidiary arguments. First, I will argue that the International Criminal Court is effective because it increases accountability of human rights violators. Secondly, I will argue that the existence and use of the court increases disapproval and deterrence which protects human rights making the ICC effective. Third, I will argue that the International Criminal Court is effective because it allows for a universal standard of acceptable and unacceptable behaviour as well as transcends and empowers national jurisdictions. Finally, I will address the counter argument and conclude.

In 1998, the International Criminal Court was created through the Rome Statute. The court was made with the intention of being a justice system that had jurisdiction over international crimes such as war crimes and genocide. Originally, there were 124 states that ratified the International Criminal Court and there were 31 states that signed. Recently, states have decided to leave the International Criminal Court or retract their signatures. There are many arguments as to why these states are choosing to leave, but, specifically for African states like South Africa, people argue that the International Criminal Court is mainly prosecuting crimes committed in Africa; they believe they are spending an unfair amount of time on the crimes in

In the pursuit of positive peace for the global community, certain mechanisms are necessary in order to better protect human rights and resolve interstate conflicts. Prior to the events of World War II, a cogent set of laws defining those human rights, much less violations therein were never heard at an international scale. The International Criminal Court has the role as both appellate for justice and voice for peace in the international community but has not yet resolve the contradictory ends of both roles. That contradictory end is that many countries proclaim the necessity of the International Criminal Court as an advocate for conflict resolution and peace advocacy while being resist or outright antagonistic towards the court when their own state has committed those same crimes. To the ends of defending basic universal rights, the International Criminal Court (hereafter ICC) serves that capacity when state level systems cannot or will not act accordingly.

     Over the past few years, the International Criminal Court (ICC or “the Court”) has been igniting controversy the world over. As more countries rallied behind it, more objections have been made, particularly from Americans, regarding what many view as fundamental flaws. I have chosen two papers to compare and contrast the different viewpoints taken by the authors when reflecting upon America’s involvement with the ICC. One calls for total rejection of the ICC, the other weighs the risks and benefits and calls for revision but acceptance.

Roles of the European Court of Justice ‘The European Court of Justice played a decisive role in the

 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