dissertation on international criminal law

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DISSERTATION THE ROLE OF THE INTERNATIONAL CRIMINAL COURT IN ENFORCING HUMAN RIGHTS LAW

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The recognition and protection of human rights have been a slow process throughout history. The growing recognition of the universality of human rights has been the result of many social and intellectual struggles and revolutions throughout history. At present, one of the most controversial agencies regarding the protection of human rights is the International Criminal Court (ICC), but ¿Is the ICC a significant innovation that ensures the universal enforcement for human rights? The objective of this paper is to show that the ICC is a useful international body for the protection of human rights due to its activities in the area of prevention and justice concerning crimes against humanity.

Cambridge Review of International Affairs 24:3 pp 309-333, 2011

This article assesses the structure and operation of the ICC by setting out a case for the defence of the Court, a case for its prosecution and a verdict. Defenders of the Court suggest it has had a positive impact because: it has accelerated moves away from politics and towards ethics in international relations; it goes a long way towards ending impunity; it is a significant improvement on the previous system of ad hoc tribunals; it has positive spill-over effects onto domestic criminal systems; and because the courage of the Prosecutor and Trial Judges has helped to establish the Court as a force to be reckoned with. Opponents of the Court see it as mired in power politics, too reliant on the UNSC and on state power to be truly independent; failing to bring peace and perhaps even encouraging conflict; and starting to resemble a neo-colonial project rather than an impartial organ of justice. The verdict on the Court is mixed. It has gone some way to ending impunity and it is certainly an improvement on the ad hoc tribunals. However it is inevitably a political body rather than a purely legal institution, its use as a deterrent is as yet unproven and the expectation that it can bring peace as well as justice is unrealistic.

This research focuses on the problems of, and prospects for, the enforcement of international humanitarian law through the prosecution and punishment of Individuals accused of violations of International humanitarian law by international tribunals. The factors that historically prevented the development of International tribunals and then looks at recent events, namely the end of the Cold War and the subsequent unleashing of unparalleled forces of nationalism and fundamentalism in different parts of the world, which have created an increased willingness on the part of states to Institute mechanisms, both at the International and domestic levels, for international criminal justice. With the establishment of the ad hoc International Criminal Tribunals for the former Yugoslavia and for Rwanda, the enforcement of International humanitarian law has moved into a new and more effective phase. Yet, the clear merits of individual criminal prosecution by international tribunals cannot simply override the very real problems and obstacles they face. Nevertheless, I concludes that justice can be done at the international level and that international criminal tribunals are vital in the struggle to uphold the rule of law.

Carta Internacional, 2019

This article investigates sovereign (in)equality as a phenomenon that is manifested in thedifferent levels of international institutions. The analysis is developed from the process againstOmar Al Bashir, Sudan’s President-in-Office, at the International Criminal Court. Consideringthat norms and rules have a social role in the multiple relations existing between agents andstructures, that is, they transform relations in the international system, the article investigates the dispositions and principles present within the scope of the International Criminal Courtthat authorize a discrimination between States. This distinction implies the imposition ofinternational rules for some actors and the maintenance of certain sovereign prerogativesfor others. More specifically, international criminal justice is characterized by selectivityin judgments, as some countries are given certain authority over the regime. In this sense,it is argued that the sovereign (in)equality that is present in inte...

Book. Eleven international publishing, 2022

This third, updated and expanded, edition of the book provides the most comprehensive overview of the law and jurisprudence of the international and internationalized criminal courts and tribunals concerning procedure, evidence, and human rights. It reflects developments of the law and jurisprudence since the previous edition and expands its subject matter.

I n January , Fatou Bensouda, the prosecutor of the International Criminal Court (ICC), announced the opening of the court's tenth and most recent country investigation, into alleged crimes perpetrated in Georgia during the brief  Russo-Georgian War. The crimes to be investigated may include murder, destroying enemy property, attacks on a peacekeeping mission , deportation, and ethnic persecution. Bensouda intends to make arrests, put suspects on trial, and, if they are found guilty, have them convicted and punished. Meanwhile, even as Bensouda prepared this newest case, the ICC was still prosecuting a suspect in the court's very first investigation, from , against Dominic Ongwen, a commander of the Ugandan Lord's Resistance Army. These two cases can thus serve as bookends to the ICC's short history, illustrating the long arc between initial investigations and eventual trials, and highlighting the complexity and contingency of international criminal justice. In this article we ask what—if anything—is the point of all this effort, and what can and should we expect from international criminal courts? After more than a decade of work, the accomplishments of the International Criminal Court are highly contested. The court has been accused of bias, of spoiling peace negotiations , of hindering successful transitions to democracy, and of being disconnected from the needs of conflict-affected populations.  We will not address these controversies here. Instead we focus on a more theoretical question: How can international trial and punishment constitute a suitable response to episodes of mass violence? The Statute of the ICC itself provides several indications. Its Preamble proclaims that " the most serious crimes of concern to the international community as a whole must not go unpunished, " that it is " determined to put an end to Ethics & International Affairs, , no.  (), pp. –.

Over the past decade, the International Criminal Court has methodically built reality into the promises contained in its Statute. It has tried and tested its own procedures, produced an impressive body of jurisprudence and started to create a place for itself in a highly complex political and diplomatic environment. In so doing, the Court has solidified the idea of International criminal justice and has built upon the legacy of other contemporary international criminal tribunals. For the purpose of the present paper, the extreme complexity of the situations and cases before the Court has at all times been borne in mind in the search for and formulation of recommendations. This paper will also examine the reasons for the establishment of the International Criminal Court and assess its impact Furthermore, it is essential to ensure the ability of the Court to deal with those peculiar challenges to realize, at this point, that the Court might never be able to adequately fulfill its mandate if significant reforms of its practices are not promptly and effectively carried out to address the problems and shortcomings highlighted in this paper.

Yale Human Rights and Development Journal, 2007

Steven D. Roper and Lilian A. Barria, professors in the Department of Political Science at Eastern Illinois University, are frequent collaborators on scholarly work concerning criminal tribunals. Their co-authored articles and joint conference presentations on assorted aspects of this topic have culminated in Designing Criminal Tribunals, a book that examines various ad hoc tribunals, primarily those created since the end of the Cold War. These tribunals include the United Nations International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR), both international tribunals; the Special Court for Sierra Leone (SCSL), the Extraordinary Chambers in the Courts of Cambodia (ECCC), and the Special Crimes Panel for East Timor (SCPET), all mixed tribunals; and the Indonesian Human Rights Court (IHRC), a purely domestic court. Observing that "[ijnternational law, tribunals and law enforcement mechanisms have developed unevenly in the 20th century as a reflection of p...

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