Essay on The International Tribunal for the Former Yugoslavia

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

History is a phenomenon that has the propensity to repeat itself. Genocides have been committed throughout history, even before the term was assembled in 1944 and accepted by the United Nations in 1946 as a crime under international law. According to the United Nations, genocide is defined as “intent to destroy, in whole or in part, a national, ethnical, racial or religious group.” A minimum of twenty-seven genocides have been documented across the world. During the 20th century, the Armenian Genocide and the Ukrainian genocide (Holodomor) transpired. Currently, in the 21st century, the world is witnessing another brutal genocide occurring in Myanmar. A kindred pattern of events is perceived throughout the duration of genocides along with

The Bosnian-Herzegovina genocide or “ethnic cleansing” went on from April 1992 to December 1995 around the end of the Second World War. When Bosnia became its own independent nation on April 5th 1922 it wanted to “cleanse” its country of any non Serbian residents. The killing of Bosnian Muslims during this time was stated by international tribunals to be an ethnic cleansing however the events that took place in July 1995 in Srebrenica was so horrific it was deemed a genocide. The United Nations should have intervened a lot sooner than they did and should have sent more than just peace keepers to protect the human beings that were being slaughtered.

The Armenian genocide committed by the Ottoman Empire against its minority Armenian population from 1915-1917 left an estimated 1.5 million dead and to date, not one individual has been tried for these egregious crimes. The mass killings of Armenians by the Ottoman Empire in World War I and Jews by the Nazis in World War II shocked the conscience of the international community and led to the creation of the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), in order to hold the perpetrators of crimes of this magnitude accountable. In its preamble, the UN charter sets the objective to "establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained". The genocide committed by the Ottoman Empire and Nazis made it clear that an international standard must be set in order to protect the rights of individuals. The UN has attempted to establish international law with the creation of the CPPCG and other resolutions, however, these resolutions are simply words on paper unless they are properly enforced. In this essay I will be examining whether the United Nations have been successful in its enforcement international law, specifically the CPPCG.

Throughout, 1945 to 1946, the International Military Tribunal, or IMT, for short, tried 22 major war criminals on the charges of crimes against peace and conspiracy. They defined these crimes that the defendants committed as “murder, extermination, enslavement, deportation or persecutions on political, racial, or religious grounds.” They all got their respective sentences in prison starting from 10 to 20 years in prison to execution.

They occur and we neglect to notice the unearned inequity. Even though genocide is difficult encounter as actuality it is. The Bosnian genocide was a heartbreaking event that caused misery and loss of lives to 100,000 with 80,000 being of the Bosnian culture (Bosnia-Herzegovina). March 1, 1992-December 14, 1995 35 dreadful months for the Bosnians. If you think of all the terrifying things done to them they would sometimes rather be dead than alive. Could imagine being in so much agony you would wish you were dead. The perpetrators, the Serbians were making an effort to exterminate the Bosnians. They were stopped by the Bosnians who fought for their lives. This would be recognized as genocide because it shares several characteristics with

Genocide is one of the evillest moral crimes any ruling authority such as a government can commit against its people and it happens more than we think. A general definition of Genocide is the intention to destroy or murder people because of their race, beliefs, or even political and economic status. As we have been taught in this course Raphael Lemkin, created the term ‘Genocide’ 1944. Lemkin combined the ancient Greek word ‘genos’ which means race and the Latin word ‘cide’ which translates to killing. There are many examples of genocide in the world but the most recognizable is that of the Holocaust and how the German powers that be sought and attempted to kill all Jews. A recent example is the Rwandan Genocide in 1994 where the assassination of Juvénal Habyarimana caused a violent reaction resulting in mass killings. In efforts to reduce Genocide, the Convention on the Prevention and Punishment of the Crime of Genocide (UNCG) was adopted by the United Nations in 1948 and was placed in force in 1951. On July 1, 2002 the International Criminal Court (ICC) came into force. The ICC not only accepted the UNCG’s definition of Genocide but expanded it to include crimes against humanity such as enslavement, deportation, torture, rape, enforced disappearance and apartheid. There have been many organizations created throughout the world to defend and prevent genocide and even communities, religions and even colleges are forming organizations and these are just some examples of how

A genocide is a intended killing upon a large group of people, especially upon a certain ethnic group. The genocide in Bosnia, also known as The Bosnian War started in 1992 after Bosnian government declared independence from Yugoslavia. Bosnian Serbs did not like the idea of a free nation with majority of the citizens being Muslim. Serbs killed approximately 100,000 croats and muslims. The Genocide in Bosnia-Herzegovina is similar to the Holocaust because both involved the murders of certain cultures. This was the largest massacre in Europe since the Holocaust (Bosnia-Herzegovina).

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

The crime of genocide is one of the most devastating human tragedies throughout the history. And the word genocide refers to an organised destruction to a specific group of people who belongs to the same culture, ethnic, racial, religious, or national group often in a war situation. Similar to mass killing, where anyone who is related to the particular group regardless their age, gender and ethnic background becomes the killing targets, genocide involves in more depth towards destroying people’s identity and it usually consists a fine thorough plan prearranged in order to demolish the unwanted group due to political reasons mostly. While the term genocide had only been created recently in 1943 by Raphael Lemkin, a Polish-Jewish legal

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

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

The "intent to destroy" certain groups is unique to the characterisation of genocide. Closely related categories of international law "crimes touching humanity" aredescribed as adverse or calculated attacks against citizens.This timeline marks the growth of the term "genocide" and its systematization into international law.

Genocide is a term that can be defined as a planned and systematic destruction of whole or parts of certain national, religious, race, ethnic, cultural or political group (Akhavan 21). Genocide is deliberated with a different set of actions for a purpose to destroy an essential foundation of life. Genocide is characterized with the massive killing of members of a group, causing mental or bodily injuries to a group of people, imposing mechanisms to prevent birth, removing particular group children and putting conditions of life in order to bring to an end existence of a particular group. Therefore, genocide is an illegal action and a crime recognized and punishable by international law (Charmy 35). For instance, Rwanda genocide is characterized by ethnic tensions within the country. Initially the definition of the term genocide as by genocide convection only comprised of racial, ethnic, national and religious groups. They argued that inclusion of other groups cannot strengthen but rather weakens it. This definition failed to recognize other groups such as political groups, economic and cultural groups that are essential elements of genocide. Genocide therefore, is generally considered the worst moral crime the ruling authority can commit against those it controls Naimark (2017).

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.