• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

International Criminal Court-the Scope for Intervention.

Extracts from this document...

Introduction

International Criminal Court-the Scope for Intervention. By Kirill Kruchinin Allegations of war crimes, genocide, and crimes against humanity have undoubtedly received unprecedented press coverage in recent years - more than at any time since Nuremberg. This is not because the incidences of such barbarities have increased - ARE YOU SURE? - , but simply because those crimes are brought to us more rapidly these days BY THE ELECTRONIC MEDIA. Since the early 1990's the international community has witnessed of a variety of criminal tribunals that were meant to promote peace-making and political transition in situations of gross violations of human rights and armed conflict among ethnical or religious groups. This tendency led to the establishment BY THE UN of two ad hoc Tribunals-for the former Yugoslavia and for Rwanda-and OF the International Criminal Court (ICC). There was also a proliferation of 'mixed' judicial bodies-in Cambodia, Sierra Leone, Kosovo and East Timor-composed of both national and international judges and enforcing domestic as well as international criminal law. It is perhaps most cynical to assert that transitional societies, convalescing from conflict or moving from oppression towards democracy, have developed a variety of ways of dealing with past war crimes and human rights abuses. ...read more.

Middle

In particular, the powers of judges were strongly curtailed to assuage the fears of a number of states that the Court could infringe upon their sovereignty. The results will invariably preclude the necessary judicial development of the law and restrict the judges substantially to a mechanical function. These limitations appear to demonstrate certain mistrust by various States in the independence of international criminal courts, and they also raise a number of questions concerning the ability of the International Criminal Court to function efficiently as a court of law and the ability of its judges to fulfil their mandate. A notion put forward by a distinguished International Law professor - GIVE HIS NAME - highlights an additional difficulty the ICC faces, stating that "crimes against humanity, war crimes, and genocide, are highly context-specific." They are acts committed either during war (between or within nations) or by repressive regimes that when these crimes are finally addressed, it is usually during enormous social and political upheaval: the negotiation of a peace treaty, restoration of legitimate political rule, or some similar milestone. In such circumstances, there are typically other priorities to be considered than just punishing those who committed crimes during the preceding turbulence. ...read more.

Conclusion

Clearly International justice and the role of the Tribunals, is not about unfair retribution; if that were the case, humanity should forget about reconciliation and its off-shoot, peace. It is not about vengeance, using the pen as the firearm, much as the victims' plight has been acknowledged; that would be erroneous, such a practice would amount to accepting the erroneous view that you can conquer hatred with hatred. However after considering alternatives to prosecution it is difficult to express a preference among them, other than the vague notion that "perhaps the challenge is to meet a basic need for balance and wholeness." Neither the "one size fits all" prosecutorial strategy, nor a uniform preference for amnesty or some non-juridical alternative in every case, would be justifiable. Circumstances differ, and circumstances matter. Atrocities, whether committed abroad or at home, are almost by definition highly unusual. For precisely that reason, their resolutions should be too. Ironically, perhaps, a court that is very similar to these from a legal point of view is likely to soon be established in Iraq. You make some good and thought-provoking points, but your language is not always as clear as it might be. Clarity is of supreme importance in law! Istvan ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Machinery of Justice section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Machinery of Justice essays

  1. Free essay

    Critically discuss whether the criminal courts of England and Wales require substantial reform. Firstly ...

    We now have a much better process in which the defendant is entitled to seek and the judge entitled to give an indication of the sentence he has in mind in the particular case.

  2. The European Court of Justice ensures that European law is applied throughout the member ...

    The Article 267 procedure is expensive and time consuming, it often delays a decision on the case usually for, around nine months, and so lower courts have been put off using it. Attempts have therefore been made to set down rules by which a court can determine whether or not a referral to the ECJ would be appropriate.

  1. Why do young people join gangs and other subcultures? How does a criminal sub ...

    Criminologists have long acknowledged that actions and identities labelled "criminal" are typically generated within the boundaries of deviant and criminal subcultures. In this sense, much of what we take to be crime is essentially collective behaviour whether carried out by one person or many, particular criminal acts are often organized within and instigated by sub cultural groups.

  2. A critical evaluation of labelling theory.

    Therefore although the actual act of killing is seen as abhorrent, in some contexts it may be defined as less serious than others. (Pfohl 1985, in Lilly 2002: 106) One of the main areas that labelling theorists have studied is where criminal labels come from and how an individual acquires one.

  1. There are several differences between a negotiated out of court settlement and a civil ...

    With negotiation this does not usually happen and the outcome tends to be based not on justice but on how good your negotiating skills are. Also the negotiation 'verdict' is legally binding and once agreed cannot be dismissed by one side or appealed against as you can with civil action.

  2. Notes on Sentencing in British courts

    Length of detention no longer than maximum available for adult custodial sentence to boy, 13 raped girl, 12 Detention at Her Majesty's Pleasure o 10 -17 guilty of murder ordered to be detained during her majesty's pleasure. o Thos si an intermediate sentence which allows offender to be released when suitable.

  1. Demonstrate your understanding of both the UK civil and criminal court systems and their ...

    This is why the burden of proof is different. In civil court the plaintiff is required to prove his case "on the balance of probabilities". This means that the judge or jury believes that it is more likely than not that you were wronged.

  2. Court Structure

    Only the defence may appeal, not the prosecution. No further appeal is possible on the facts, although appeal on the law is possible to the Divisional Court. 2. The Divisional Court of the Queen's Bench Division is one of the appeal courts in the High Court. One of its roles is to hear appeals on the law of summary cases from the magistrates and from the Crown Court.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work