THE INTERNATIONAL CRIMINAL COURT AND ITS ROLE IN THE PROSECUTION OF GENOCIDE
chapter One
The Concept of Crime and the Need for an International Criminal Court
Foreword
Human history is a record of bloodshed and violence between peoples with competing interests, ideologies and aspirations. Given the harrowing historical record, it may be tempting to conclude that established practices are inexorably unchanging, and that the ultimate arbiter of irreconcilable conflicts between sovereign nations remains the power of arms.
But important changes are taking place that point to the startling fact that old ways are not always immutable, and that in a thermonuclear world the violent past is only a prologue to the future. The conclusion could turn out to be a mistake of suicide. prove to mankind The urgent need for justice to be served cannot be overstated or overstated.
But there can be no peace without justice, there can be no justice without law, and there can be no meaningful law without a court that decides what is fair and just in a particular situation. The process of codification, adjudication and enforcement is equally important to a peaceful international community as it is to independent nation-states. ” Benjamin B. Ferenc formulated this succinctly in his book The International Criminal Court, A Step Towards World Peace. He recognized the need for a codification of laws to achieve the greatest possible justice and a permanent tribunal to implement such goals and realize them.
The concepts of international gun control and the International Criminal Court are the result of two of his tendencies in international law. Hence that of the International Criminal Court. Former UN Secretary-General Kofi Annan said:
For nearly half a century of the United Nations’ existence, the General Assembly has recognized the need to establish such courts to prosecute and punish those responsible for crimes such as genocide. Many thought the horrors of World War II – the camps, atrocities, exterminations, the Holocaust – would never happen again. And yet they did in Cambodia, Bosnia and Herzegovina and Rwanda. Our time, even in this decade, has shown that man’s capacity for evil is limitless. Genocide… is now the word of our time, a terrifying reality that demands historical answers.
The “answer” referred to in his Words of Wisdom above is a permanent judgment that bears and bears the responsibility of promoting justice by holding individuals accountable. End impunity. End conflict and facilitate the transition to peace. To remedy the shortcomings of ad hoc courts and prevent future war crimes. In the long run, the big issues are:
“How far has the Court gone to realize its goals? To spread justice and fight international crime to the poorest minimum”.Thomas Darnstadt et al. . Dangerous Luxury:
The dream of world justice of the International Criminal Court.
“The International Criminal Court in The Hague, which is set to bring war criminals to justice, has yet to issue a single verdict. Can international law bring peace to a war-torn region, or does it actually hinder the peace process?”
It thus provides a glimpse into the history, needs and role of the International Criminal Court. Attitudes of states towards its existence and cooperation to support the work of the court are not excluded.
It is worth noting that the dangers of international crime, especially those related to genocide, cannot be overstated and require immediate attention and effective solutions/control strategies. We recognize that the global economy and open trade are undermining, that democratic norms and respect for human dignity and rights are increasingly accepted, and that terrorism, drug trafficking, and international crime undermine stability and peaceful relations. We strive to create an environment where there is no
1.2 Definition of international crime
Prosecuting serious international crimes is necessary to enforce international criminal law and bring victims to justice. This is an important part of transitional justice, the process of transforming society towards the right to respect democracy and address past human rights violations.
So what is international crime? In an early essay on “International Criminal Law”, Sir John Fisher Williams wrote that “international crime” “seems to have at least two meanings:
One is crimes against international law and the other is “crimes that cause or may cause the perpetrator to violate the laws of more than one country.” This second meaning is the most common usage of the phrase and is associated with “international criminals” known to authorities in multiple law enforcement agencies.
An international crime is also defined as “an act generally recognized as a criminal offense, regarded as a serious international problem, and for good reason not subject to the exclusive jurisdiction of a State under normal circumstances. is broadly defined as control it.”
This reflects the fact that international law places criminal liability directly on individuals. In the past, it was questionable whether “true criminals” would actually be held accountable and punished accordingly, especially when such laws only apply to states. It could only suppress individual behavior by empowering the state through the legal system. Since the end of World War II, however, the idea that individuals can have both rights and obligations under international law has changed, and there is a growing trend to extend individual responsibilities that are directly rooted in international law. increase.
The crimes that states are mandated to suppress can be categorized in a number of ways. The most commonly useful scheme might be one that distinguishes between different types of international crime based on the degree of public involvement in the actions that constitute the crime. Therefore, international crime can be divided into three broad areas. The first general item involves violations of international norms aimed at restricting the actions of government officials acting under the law. Crimes under this heading include: In addition to ordinary war crimes such as violations of the Hague and Geneva Conventions, his two other categories of crimes prosecuted at Nuremberg:
Crimes against peace and crimes against humanity. As is well known, they also belong to the “classical domain” of international criminal law. In a broader sense, this heading includes:
Genocide, apartheid, torture.
The second category covers crimes related to terrorist activity covered by the relatively new treaty. This relates exclusively to individual criminal liability. The purpose of these treaties is to deny criminals “safe havens” in order to close loopholes. A classic example is the crime of copyright infringement. ”
The third category includes other acts by individuals prohibited by the Convention because they involve cross-border trade or illegal commodities (drugs, endangered species, formerly obscene publications). will be
International crimes are also classified or categorized as “crimes against the peace and security of mankind”.
Article 16 Crime of aggression
Article 17 Genocide
Article 18 Crimes against humanity
Article 19 Offenses against the United Nations and associated personnel
Article 20 War crimes
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