...establishment of an international tribunal to judge political leaders accused of war crimes was first made during the Paris Peace Conference in 1919 by the Commission of Responsibilities. The issue was addressed again at conference held in Geneva under the League of Nations on 1–16 November 1937, but no practical results followed. The United Nations states that the General Assembly first recognized the need for a permanent international court to deal with atrocities of the kind committed during World War II in 1948, following the Nuremberg and Tokyo Tribunals. At the request of the General Assembly, the International Law Commission drafted two statutes by the early 1950s but these were shelved as the Cold War made the establishment of an international criminal court politically unrealistic. Benjamin B. Ferencz, an investigator of Nazi war crimes after World War II and the Chief Prosecutor for the United States Army at the Einsatzgruppen Trial, one of the twelve military trials held by the U.S. authorities at Nuremberg, later became a vocal advocate of the establishment of an international rule of law and of an International Criminal Court. In his first book published in 1975, entitled Defining International Aggression-The Search for World Peace, he argued for the establishment of such an international court. The idea was revived in 1989 when A. N. R. Robinson, then Prime Minister of Trinidad and Tobago, proposed the creation of a permanent international court to deal with the illegal...
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...crimes can be categorized according to if the behavior is international and constitutes a crime against the world, or if the act is transnational that affects the interests of more than one state (Global Solutions, n.d.). The contents of this essay will identify the various major global crimes and criminal issues that have a global impact on national and international justice systems and processes. In addition, the text will discuss the various international justice systems and how these global crimes and criminal issues are addressed. Fueled by open borders, global markets, and the advancement of telecommunications, international crime has become a rising universal problem. In 1995, President Clinton classified international crime as a danger to the national interest of the United States. Therefore, before and since then the federal government has been busy in a converging effort to address various major global crimes, such as human rights and war crimes, organized crime and narcotics, cybercrime, environmental crime, and terrorism (Global Solutions, n.d.). Human Rights and War Crimes are inhuman acts committed by an extensive or systematic attack aimed against individuals, such as genocide, crimes against humanity, slavery, torture, aggression, and war crimes. Organized crime is a profit-driven criminal organization or group who work together to commit illegal acts to achieve a common goal and most international organized crime involves narcotics violations including drug...
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...Running head: War Crimes and the International Community War Crimes and the International Community Abhishek Gandhi Professor Farber Sociology 300 Summer 2012 Abstract What are war crimes? Inhuman acts have been committed in all wars throughout human history. It has only been in the last 2 centuries that certain acts that were committed during war were found to be so reprehensible that they were labeled war crimes. Even thought these acts were committed during the "fog of war", they still merited punishment in a court of law in the eyes of the international community. When military and political leaders began to systematically target large civilian groups because of their nationality, ethnicity, gender or religion, then the international community began to see the necessity of holding political leaders accountable for their political decisions in a court of law, (Hauss, 2003). After World War II, when the atrocities of the Holocaust became well known, the victorious Allied powers decided to hold war crimes tribunals to punish the political and military leaders of Germany and Japan. The Nuremberg and Tokyo trials were the first of their kind in establishing international precedent for the prosecution of war crimes. Later war crimes that were committed in Yugoslavia and Rwanda resulted in the creation of separate tribunals by the United Nations to punish the leaders who perpetrated these acts. Attempts are...
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...in International Law Our stability as a western nation is often taken for granted as we have become accustom to freedoms. Unfortunately these freedoms are not prevalent in all areas of the world. The United Nations strives to bridge the gap between developed and developing nations as each strives to create a more peaceful and prosperous world. The concept of the United Nations if not the first of our time, the League of Nations was created post World War One to try and prevent another catastrophic conflict. As we all know the League failed and the ensuing massacre of World War Two warranted a stronger and more comprehensive intergovernmental organization. This would lead to the creation of the United Nations. Though the UN has stood the test of time it does have its critics who question the effectiveness of the organizations ability to respond swiftly or appropriately to global crises. From the perspective of international law the United Nations works to create new laws and agreements in counties addressing issues in a global context; i.e. terrorism, nuclear weapons, boarder disputes etc. The UN also facilitates the International Court of Justice which aims to solve disputes between nations. The International Criminal court is another international court system that aims to hold individuals who commit war crimes or other significant international crimes responsible for their actions. The United Nations, International Court of Justice and International Criminal Court...
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...Is America’s opposition to the ICC an unjustifiable justification? Mohamed Kunowah Kiellow From the early nineties up to the present day, international criminal law has made major developments ‘unknown since Nuremberg Tribunal’: norms have been changed, refined or even expanded. Moreover, after the Cold War, institutions have been established and norm-creating judgements passed both domestically and internationally. The setting up of the Yugoslavia and Rwanda Tribunals is an example of such international institutions created. The Pinochet decision is an example of such norm-creating judgements. The adoption of the Rome Statute International Criminal Court, which came into force on 1 July 2002, crystallised all these developments. This day will be a red-letter day in the history of international criminal law. On this day, a permanent international criminal court came into existence. This Court has enjoyed broad and enthusiastic support from governments and non-governmental organisations around the globe. However, not all states were happy about all provisions in the Rome Statute. One major country which refused to ratify this milestone treaty is America; an opposition which many termed as a blow dealt to the effectiveness of the Court. America sees itself as the sole remaining world super power which should be involved in promoting peace all around the world. It is of the conviction that its involvement in peace keeping processes is highly needed if they are to succeed....
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...I. INTRODUCTION The main instruments of International Humanitarian Law (hereafter referred to as IHL) are the four Geneva Conventions of 12 August 19491 for the protection of war victims. These treaties which are universally accepted, protect the wounded, the sick, prisoners of war and civilians in enemy hands. They also protect medical services personnel such as medical personnel, medical units and establishments, and medical means of transport. As a matter of fact this kind of concern for the humanitarian aspect can be found in our ancient epics like the Mahabharata, where the rules of conduct of war as to the timing of attack and the prohibition attacking the unarmed were strictly laid down. The laws of Manu, a compilation of encyclopedic scope, which the British Professor Duncan M. Derrett a known authority on Hindu Law describes as a text "which constitutes India's greatest achievement in the field of jurisprudence" and regards this work as one of the world's premier compositions in ancient law, more valuable in every sense than Hammurabi and able to hold its own in comparison to the covenant and Priestly codes of Moses2 . Manu, while describing the duties of a King, warns against unusual cruelty even against an enemy in warfare, and has this to say, "fighting in a battle, he should not kill his enemies with weapons that are concealed, barbed, or smeared with poison or whose points blaze with fire. He should not kill anyone who has climbed on a...
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...Baraa Elhariry International Law Professor Taub Due Date: 12/16/2011 UN Security Council’s Referral and Article 16 of the Rome Statute The Darfur Conflict began in February of 2003 when the Sudanese Liberation Movement (SLM) and the Justice and Equality Movement (JEM) took up arms against the Sudanese government claiming their actions as a retaliation of years of persecution by Arab Sudanese in the north against non-Arabs in the south. They were met with resistance by the national army and the Janjaweed forces, a militia that is not officially recognized by the Sudanese government, but acts in its’ best interests nonetheless. The United Nations estimates that there have been at least 300,000 Sudanese killed between 2003 and 2005. During that period, around two million more were displaced from their homes and forced to seek refuge. The conflict is still ongoing. After the relative success of International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), a draft statute was adopted to establish an international criminal tribunal that had jurisdiction over crimes of war crimes, crimes against humanity, aggression, and genocide. The result was the Rome Statute, which was drafted in 1998 and that required the approval of 60 states in order to come into force, which it did on July, 1st 2002. Sudan signed the Rome Statue in September of 2000 while Omar al-Bashir was President, but did not ratify it, thus not accepting...
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...ICTR's Akayesu Verdict SYNOPSIS The International Criminal Tribunal for Rwanda (ICTR) heard Jean-Paul Akayesu accused of vicious gang rapes and genocide that took the lives of 2,000 Tutsis. The trial court chamber of three judges, two men and one woman, had an unprecedented opportunity to clarify whether rape during internal armed conflict constitutes genocide as well as a crime against humanity. Nongovernmental organizations worked to "engender" the Tribunal while holding accountable the Hutu leaders who orchestrated genocide. The critical 1998 verdict influenced states negotiating improved standards for the prosecution of sexual violence and the creation of a permanent International Criminal Court. "Rape and Genocide in Rwanda" addresses current issues of international law, human rights, women in politics, African Studies, judicial procedure, legal and moral reasoning. RAPE and Genocide IN RWANDA: The ICTR’s Akayesu Verdict CASE OUTLINE I. An Unprecedented Opportunity Glossary and Map II. Prior Responses to Sexual Violence in War A. From “Time Immemorial” to 1948 B. From the 1949 Geneva Conventions to an International Criminal Court III. Genocide In Rwanda A. A Colonial Legacy of Ethnic Division B. Mass Killing, Rape and the 1994 U.N. Withdrawal IV. The U.N. Creates a Criminal Tribunal for Rwanda V. The Trial of Jean-Paul Akayesu Trial Chronology and Key Individuals VI. Issues for Judgment ...
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...Beyond the courtroom and differing conceptions of justice, the inflexibility of international criminal law to embrace local or indigenous culture and legal tradition cements the fact that victims needs will not be met. Centuries old customs concerning conflict resolution that may be integral to affected communities, make no appearance in international criminal justice. For example, the majority Nigeriens, the failure to consult a sarkin (tribal chief), and marabout (religious leader), in a gon (oracle) ceremony would leave the guilt or innocence of an alleged perpetrator in veritable doubt. Though many indigenous institutions for conflict resolution are considered subjective or contradictory by ‘enlightened’ outsiders, the fact remains that...
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...The International Criminal Court: Idealpolitik vs. Realpolitik and the special case of the United States ABSTRACKT The Rome Statute that was adopted on July 17st 1998 was a controversial treaty that despite initial backing from great and small powers alike ended up facing fierce opposition for a number of reasons. Internationally it was widely accepted that there was a need to stem the tide of an ever-increasing number of human rights violations and that the institution best suited for achieving this goal, following the relative successes of ad hoc criminal tribunals, could be a permanent International Criminal Court, ICC. This essay will attempt to clarify the contrasting ideas and interests of key actors that ultimately shaped the compromise that became the Rome Statute of the ICC. It will go on to assess the relative influence of idealpolitik - that is the altruistic idealism embedded in a genuine desire to create a court to bring an end to the reality of perpetrators of war crimes escaping justice - and realpolitik - the realist notion of national interest and power politics as the main catalysts behind the politics of the Rome Statute. The judicial powers entrusted to the ICC became, as stated above, a matter of compromise. The final text of the Rome Statute was the result of intense negotiations that revolved around the concepts of national sovereignty and security politics on the one hand and the desire of non-great powers to establish a court with as much authority...
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...Chapter 3: The International Criminal Court By: Robel Tesfai History: The International Criminal Court and Darfur On July 1st 2002, the International Criminal Court was created by the implementation of a Roman Statute. As of May 2013, the ICC had 122 state parties to the Statute of the Court. This large number of states included all of South America, most of Oceania, about 50% of Africa, and almost all of Europe. A paper published by the Political Science Department of Columbia University describes the statute as having the following obligations and limitations: “The statute empowers the Court to exercise jurisdiction with respect to these crimes under three conditions: 1) where a State Party refers a situation to the Prosecutor, 2) where the Prosecutor initiates an investigation proprio motu, and 3) where the UN Security Council refers a situation to the Court. Under the first two conditions, the Court may exercise. 25 Rome Statute of the International Criminal Court, Part 2. Jurisdiction only over nationals of a State Party or over crimes alleged to have occurred on the territory of a State Party; however, where the Security Council has referred a situation, the Court may exercise jurisdiction over any individual alleged to have perpetrated a crime within its competence, regardless of the nationality of the person or the location of the crime” (Broache, 11). On March 31, 2005, the UN Security Council passed the referral of the situation to the ICC with a unanimous...
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...The ICC’s Intervention in Northern Uganda: Beyond the Simplicity of Peace vs. Justice Paper by David Lanz The Fletcher School of Law and Diplomacy May 2007 The ICC in Northern Uganda David Lanz Introduction The creation of the International Criminal Court (ICC) via the entry into force of the Rome Statute on July 1st 2002 sparked enthusiasm. For M. Cherif Bassiouni, “The ICC combines humanistic values and policy considerations essential for the attainment of the goals of justice, redress and prevention as well as the need for the restoration of world order and world peace.”1 Ironically, five years after its creation, the Court has been accused of being an impediment to what it was created to promote: peace. With regards to Northern Uganda, Bassiouni remarks that the ICC indictments against five senior members of the Lord’s Resistance Army (LRA), “was received negatively by some individuals involved in the Ugandan peace process,” who “have argued that it has undercut their efforts to advance peace initiatives.”2 The claim that the ICC’s intervention in Northern Uganda obstructs peace seems obvious. It is expressed in its simplicity by Father Carlos Rodriguez: “nobody can convince a rebel leader to come to the negotiating table and at the same time tell him that when the war ends he will be brought to trial.”3 This paper examines the criticism that the ICC obstructs peace in Northern Uganda. It aims to go beyond the simplistic framework of peace vs. justice, which...
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...Dehong Lu Jean Krasno International Laws & Foreign Policies June 22th, 2015 Reading Summary 5 The Gulf of Sidra Incident of 1981: The Lawfulness of Peacetime Aerial Engagements: The Gulf of Sidra incident illustrates that aerial rules applied by individual states are subject to widely accepted norms, which requires the military aircraft to avoid using the first force during the confrontation with the aircraft of another state. The norm, however, allows the first use of force after giving the warning when it is necessary for immediate national defense. Based on this incident, the formulation of Rules of Engagements must be in line with internationally accepted norms, and to avoid breaking state sovereignty. The Shooting of Korean Airlines Flight 007: Responses to Unauthorized Aerial Incursions: Although there were many incidents of civilian/military aircrafts being shot down either accidentally or mistakenly, the international community failed to provide a clear list of norms, which resulted in a overabundance of norms. These norms created contradictions and confusing precedents. The attempt of ICJ to establish global norms has failed since the judgements of the court can only be effective if all the states are willing to follow the court’s decisions. The 1944 Chicago Convention is the most significant treaty which governs the use of airspace by civilian aircrafts and recognizes the unresolved conflict between acknowledging the sovereignty of states and protecting...
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...Assignment of 1 Year MBA – Semester – 2 Subject: International Law What are your perceptions on the Universal Declaration of Human Rights? Would you like to amend any of the articles or add a new article to the declaration? ‘CRIME AGAINST THE HUMANITY’, means that the acts of persecution or any large-scale atrocities against a body of people, as being the criminal offense above all others. Human rights are international norms that help to protect all people everywhere from severe political, legal and social abuses. The right to freedom of religion, the right to a fair trial when charged with crime, the right not to be tortured, and the right to engage in political activity are the fundamental human rights. The rights exist in morality and in law at the national and international levels. The main sources of the contemporary conception of human rights are the Universal declaration of Human rights, the treaties that followed in international organizations such as the United Nations, the Council of Europe, the Organization of American States, and the African Union. The Universal Declaration of Human Rights sets out number of human rights that countries should respect and protect, which are normally divided into six. They are Security rights that protect people against abuses of the legal system such as imprisonment without trial, secret trials and excessive punishments, liberty, rights that protect the liberty...
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...Session Report 2013 September Regional Academy of United Nations Tuesday, September 3, 2013 Bled Strategic Forum Panel discussion International criminal justice: a precondition for a prosperous economic future? The international community is facing geopolitical and economic changes, but still violent conflicts dominate the global headlines. Is this the modern, civilized world? My own opinion.. shock our conscience why are these atrocities still happening? what can be done to prevent them? what price dp the States pay for the mass destruction? (how can it be measured? human values..without a price) how does it affect our and their economies? does lack of criminal justice deter potential investors? or: can justice stimulate economic growth? Can both help prevent conflict? Conflicts thrive on impunity. Impunity encourages more violence and only exacerbates further injustice. Impunity, instability – feeding further into extremists and nationalistic tendencies. (raising the tensions in a fragile or post-conflict society) The unstable environment discourage international and national investments (or look from the other side: why is is unstable? because they took their lands? (Egypt – Kairói Világnépesedési Konferencia) what are the main roots of failed states, or insecure regions? why is the environment unstable? international investments or national investments?) internal conflicts seem to occur disproportionately in low income and low-growth rate countries...
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