Objectives of International Criminal Law and Jurisdiction of ICC (original) (raw)
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DOI: 10.13189/sa.2015.030303 Objectives of International Criminal Law and Jurisdiction of ICC
2016
Although roots of criminal prosecutions are traced back in the 17th and 18th century but newly emerged discipline of international law namely international criminal law gained its scope after adoption Rome Statute. However, statute has not yet been universally accepted and various discrepancies have been raised by various states regarding the Jurisdiction and applicable procedure of International Criminal Court (ICC). Prior to the establishment of ICC, initially various international tribunals were established for the prosecutions of perpetrators of genocide, war crimes, crimes against humanity, and aggression, particularly after World War II. However, the prosecutions were subjected to serious criticism not only by the states representing the accused persons rather by the prosecuting states as well, on the grounds that all the prosecutions were partial in nature
Overview and Significance of the International Criminal Court (ICC)
A Brief History of International Criminal Law and International Criminal Court, 2017
Established as an intergovernmental organization, the International Criminal Court (the ICC or "the Court") is specifically designed to deal with the international crimes that are thought to be most severe and serious. It has generally been observed that the commissions of those crimes had gone unpunished, making the impunity of the perpetrators a usual and ordinary practice in international relations. Although the idea that a permanent international criminal court is strongly needed, and therefore, should be created, lingered for a very long time, the realization of that idea has become quite recently. Nation-states, the major and primary actors of the international system, have generally been lenient, if not reluctant, in addressing those kinds of acts. Particularly, concerns over sovereign rights of the states have made them reluctant to get together to discuss the issue up until 1998. Since sovereignty has been the underlying principle in the operation of the international system that is generally believed to be built by sovereign nation-states, states have long refrained from dealing with the issues pertinent to even the gravest crimes in order to show their tribute to the principle of nonintervention. As a consequence, apart from a few examples, human rights issues in
BiLD Law Journal 5(1), 2020
This study is critically analysing the lack of universal jurisdiction to the International Criminal Court (ICC) as to why the ICC is denied universal jurisdiction and what are the consequences resulting therefrom on realisation of international criminal justice. Findings show that, lack of universal jurisdiction to the ICC defeats the initial purpose of setting up a permanent ICC. Because, some nationals whose nations are not state parties to the ICC cannot be prosecuted. Meaning, an individual can commit an international crime and go unpunished by the sole reason that his state is not a party to the ICC. Seeing this threat, the Rome Statute provides for some referrals. Accordingly, cases to the ICC can be referred by state party to the Rome Statute, or by the United Nations Security Council (UNSC) when acting under Chapter VII of the Charter of the United Nations, or by non-state party when making declaration to accept the ICC jurisdiction in relation to a case, or by the prosecutor of the ICC by initiating investigations proprio motu. The important question to be asked is that are these referrals effective in obtaining international criminal justice? Evidently the issue is controversial. It is therefore important for the ICC to be accorded universal jurisdiction. This move is crucial in reducing often created ad hoc tribunals to serve the same purpose of which the ICC was created to serve. But also, the UNSC will be effective dealing with other matters of the international peace and security.
ROLE AND EFECTIVINESS OF THE ICC IN COMBATING CRIMES AGAINST HUMANITY
MUNYARADZI MOYO, 2021
After the end of the Cold it ushered in a new era where human security was adopted in relation to the safe guarding of well being of individuals. The whole process was born out of idealism where countries believed that there is more to gain from cooperating and regulating international justice. This was a shift from the use of ad hoc tribunals which were temporary such as the Nuremberg and Tokyo tribunal. In a shift of victor justice associated with punishment or reparations and amnesties, the ICC was adopted as a mechanism to hold perpetrators of crimes against humanity accountable for their actions. This was due to legal problems as member states had no legal jurisdiction to persecute war criminals from another country. The ICC is intended to complement existing judicial systems through investigations and referrals. This saw the formation of the ICC through the Rome Statute which entered into force on 1 July 2002. As of June 2016 the ICC had 123 state parties. Humanity is understood as a virtue associated with basic ethics of altruism derived from the human condition. Transitional justice can be understood as encompassing a full range of processes and the use of mechanisms associated with a societies attempt to come to term with the legacy of large scale past abuses in order to serve justice(Annan 2004). Human security relates to the protection of an individuals personal safety from direct or indirect threats of violence. It is associated with the idealistic approach to addressing perceived threats.
Applicable Law within the International Criminal Court (ICC)
Applicable Law within ICC
Following the emergence and the organization of all the international affairs including commerce, trades, money transfers, commercial operations and technological communications among others, states and international organizations became “legal entities” in the global world village. These legal entities drove the necessity of an “International Justice” to regulate these affairs and act against any threat or violation to any right at this level. Among the numerous aspects of this justice, criminal occupies a major importance. This importance is induced from the fact that a presence of legal entities imposes the presence of crimes, which stipulates the need for a “criminal law”. This latter imposes the foundation of a court in which legal suits associated with the violations of these criminal laws. Based on the above, the “International Criminal court” was founded which raised questions about what laws are applied within it. Ideally, an “international law” should be exerted on all legal entities in an international conflict. However, pragmatically many issues arise from this applicability. In the research, a conceptualization of the applicable law within the ICC will be presented (Part 1), in addition to an analysis of the issues resulting from this applicability (Part 2).
Idea of International Criminal Justice in the Function of Prosecution International Crimes
World Academy of Science, Engineering and Technology, International Journal of Law and Political Sciences, 2017
The wars and armed conflicts have often resulted in violations of international humanitarian law, and often commit the most serious international crimes such as war crimes, crimes against humanity, aggression and genocide. However, only in the XX century the rule was articulated idea of establishing a body of international criminal justice in order to prosecute these crimes and their perpetrators. The first steps in this field have been made by establishing the International military tribunals for war crimes at Nuremberg and Tokyo, and the formation of ad hoc tribunals for the former Yugoslavia and Rwanda. In the end, The International Criminal Court was established in Rome in 1998 with the aim of justice and in order to give satisfaction the victims of crimes and their families. The aim of the paper was to provide a historical and comparative analysis of the institutions of international criminal justice based on which these institutions de lege lata fulfilled the goals of individu...
Jurisdiction of the International Criminal Court against the Perpetrators of International Crimes
Crimes do not only occur at the national level, but have also occurred at the level of international crimes, especially crimes that violate human rights. The failure of national law to resolve international crime cases is the reason for the birth of the International Criminal Court to try perpetrators of international crimes who are unable or unwilling to carry out settlements by the state. The international criminal court is only able to have jurisdiction over countries that are members of the Rome Statute, so the jurisdiction of the International Criminal Court is very limited to arrest perpetrators of international crimes which are not participants in the Rome Statute. The international criminal court is only a complement to the national court because of the principle of state sovereignty. For this reason, the awareness of both the state and the international community is the basis for smooth law enforcement for perpetrators of international crimes.