International Criminal Court Argumentative Essay

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.

When comparing apples to pears, one is not making a fair comparison, but a disproportionate comparison. Often times when international law is discussed or attempts are made to understand international law; many often attempt to compare international law with existing laws such as national law or domestic law. Making such disproportionate comparisons leads to many misconceived notions and attitudes toward international law. For an adequate comparison of international law to other laws, one should look closely at the available facts. This essay will demonstrate the vitality of international law, in a world of nations which continue to increase in interdependence.

According to Bosco (2014) the development of international criminal justice was stimulated by the Nuremberg trials that came after World War II. The Nuremberg trials were presided over by jurists who came from different powers and set new standards that defined international war crimes. The courts all over the world were determined to bring the international community together through the formation of an international court. The international court was to be tasked with the function of prosecuting crimes against humanity and carry out the cause of justice as well as the rule of law in all places globally. Despite the need for international court and the determination of most countries to develop it, the start of cold was a major setback in its formation (Bosco,

The book Rough Justice clearly explains the struggle between power and justice in the realms of international law. The international criminal court was established on the principle that all the perpetrators of crimes against humanity, war crimes, and genocides should be subjected to investigations irrespective of ethnicity, nationality or political affiliation. The ICC was also expected to operate fairly in an international legal and political system. The international court is also required to operate in a straightforward manner without portraying any favoritism. The states were also required to avoid the actions of ICC if they wished by not ratifying the Rome Statute: thus, voluntarism remains an important principle of the international law.

The first International court is the ICC. The ICC has achieved some limited success with

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

In the following paper, I will describe what worldwide criminal justice systems are doing to address the criminal issues I identified. I will talk about the terrorist group ISIS about the crimes they have committed. Then I will discuss how the worldwide criminal justice system handled the crime. The last thing I will discuss is the effectiveness of the systems response and include suggestions for future responses to combat or prevent these crimes.

The International Criminal Court also known as the (ICC) are a group of judges who investigates and prosecutes individuals that are guilty of crimes such as genocide, war crimes and crimes against humanity and only intervenes when a state cannot intervene or is unwilling to intervene or is an international concern (Understanding the International Criminal Court). Many inhumane corruptions were committed in the past such as the Holocaust and many individual have gone unpunished for it. Due to this the United Nation General Assembly was determined to have a court were individuals who commit such cruel crimes will be held accountable and will be punished for it. An

The evolution of international criminal justice is important to consider. Two ad-hoc tribunals, the International Criminal Tribunal of Yugoslavia (ICTY) and the International Criminal Tribunal of Rwanda (ICTR), have facilitated the adoption of the ICC. The ICC came into existence on July 1, 2002. The court operates on the principle of complementarity which means that the court does not function unless a state in question is unable or unwilling to investigate and, if warranted, prosecute for one of the covered crimes. Whereas the ICTY and the ICTR had primary jurisdiction and could supersede state action, the ICC only has the aforementioned

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