THE OBJECTIVES OF INTERNATIONAL CRIMINAL TRIBUNALS AND THE INTERNATIONAL CRIMINAL COURT IN REGARD TO THE CRIME OF GENOCIDE
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ABSTRACT
Since the conclusion of World War II, the concept of a powerful permanent tribunal to prosecute severe crimes of international law has existed. The Allies, the victors of World War II, established the Nuremberg and Tokyo courts ad hoc to trial the leaders of the losing axis force. While the Nuremberg tribunal was considered more successful and important than the Tokyo trial, the Nuremberg tribunal was seen as more successful and significant. During the cold war, the future of the International Criminal Court was largely relegated to the back burner of international politics. With the collapse of the Soviet Union in the early 1990s, domestic and international wars erupted around the globe. After the breakup of the old Yugoslavia and the current Balkan conflicts, it became abundantly evident that war crimes, genocide, and crimes against humanity were being committed on a massive scale. Similarly, tribal violence between Hutus and Tutsis in various African nations, such as Rwanda and Burundi, has resulted in massive violations of human rights. The United Nations Security Council established ad hoc tribunals to address the international crimes resulting from these crises. These tribunals were established specifically for the purpose of resolving these local conflicts, and they rekindled interest in establishing a permanent international criminal court. And in 1998, the Rome statute, which established the legal framework for a permanent tribunal to investigate war crimes, genocide, and crimes against humanity, was prepared; this was accomplished in April 2002. The ICC was officially established on July 1, 2002. The coalition of governments and civil society organizations from more than 150 countries collaborate to increase international cooperation with the ICC, ensuring the court is fair, effective, and independent, and make justice both visible and global. Advanced national legislation that ensure victims of war crimes, genocides, and crimes against humanity get justice. The provisions of the Rome Statute do not provide sufficient assurance to rule out the possibility.
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CHAPTER ONE
INTRODUCTION
From the ruins of World War II in 1945 emerged two colossal courts.
The Nuremberg and Tokyo International Military Tribunals.
Both were created by the victors of World War II in an effort to maintain peace.
Provide prompt justice for victims of atrocities and retribution for those responsible.
perpetrators.
During the decades after World War II, many ad hoc courts were formed to
deal with a variety of state-sponsored offenses, including those established in
Bosnia and Rwanda during the 1990s. A comprehensive instrument of Justice, albeit
had not yet been arranged.
However, the 1998 international conference in Rome addressed the widespread
In pursuit of international justice, the International Criminal Court was established (ICC).
The United Nations established the International Criminal Court as a permanent, apolitical body.
judicial mechanism to promote the Rule of Law and ensuring the worst offenses do not go unpunished.
not remain unpunished
Included among these “grave crimes” are genocide, crimes against humanity, and war.
offenses and aggression-based crimes The court began active officially on
The 1st of July, 2002 at Hague, Netherlands.
The implementation of the ICC legislation has allowed the court to execute its powers.
jurisdiction to prosecute those accused of war crimes, crimes against humanity and genocide
genocide. The court has authority over criminal acts committed by
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are citizens of states that have ratified its legislation, or who have committed certain crimes
offenses committed on the territory of such nations. These terms do not apply when a
The security council of the United Nations refers the issue to the court.
Moreover, the court can only intervene where the relevant state is unable or unwilling to do so.
hesitant to investigate or pursue prosecutions.
The International Criminal Court is a permanent court with potential worldwide and over half of the
Currently, states have approved the legislation. Although the United States initiated an aggressive
Its resistance to the anti-ICC movement has lately diminished because of its plan to
Its efforts to weaken the court have been ineffectual, and its worries have been unfounded.
unfounded.
The International Criminal Court would not compromise the sovereignty of states since it would
function only when states cannot or are unwilling to do so.
A Case Study of International Criminal Tribunal’s Obligations Regarding Crimes
relating to genocide, discuss the historical development of this essential part of Public
International Statutes The purpose of this study is to critically evaluate and
Evaluate the international community’s contribution to global development
peace. From antiquity to the present, rules and regulations have evolved.
Protocol and norms governing the contract of hostilities were developed in
include both foreign and domestic problems.
The globe has seen some of the cruelest assaults on mankind.
resulting in the murder of innocent persons by totalitarian and authoritarian governments
Such an unsettling notion could hardly be ignored by the world community.
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Global reaction to the United Nations in order to criminalize genocide
and bring the offender to justice. These efforts resulted in the formation of the United Nations
1948 saw the signing of the Convention on the Prevention and Punishment of the Crime of Genocide.
And the events in the former Yugoslavia and Rwanda that precipitated the
Destruction of tens of thousands of innocent lives increased the need for an
International Criminal Court, which has been considered for a long time. And also
Upon the approval of the Rome Statute of the International Criminal Court, the
The community made significant measures to remove the impunity culture that has existed for so long.
frequently dominated our world.
“In the possibility of an International Criminal Court, justice for everyone is promised. This is the vision’s straightforward, lofty aspiration, and we will do all in our power to see it through to the conclusion. We request that you do your part in our fight to guarantee that no ruler, state, junta, or army anywhere may violate human rights with impunity. Only then can the innocent of faraway wars and conflicts understand that they may sleep under the protection of justice, that they too have rights, and that those who abuse those rights will be punished.
The above-quoted statements of the previous Secretary-General of the United Nations
Effectively exhibited a global perspective with a focus on the negative. Also, it suggests
The path the world community wants or plans to take in its pursuit of
stop genocide from occurring over the globe.
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1 Kofi Anan, Former Secretary General of the United Nations Available at http://www.un.org/law/icc/general/overview.htm November 16th, 2010
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The history of humanity is one of power struggles, clashes, and conflict.
violent war between states, individuals, and groups. Men have always existed.
have been preoccupied with controlling the consequences of violence.
and the accompanying human tragedies with various levels of success.
For instance, prior to the middle of the 19th century, protection agreements
The victims of wars were more ephemeral, binding solely upon the
parties to the contract and based on strict reciprocity. In truth, they
constituted a primarily military pact that was generally only valid during the length of a
specific era of antagonism This circumstance was altered with the birth of
contemporary law.
The 1995 session of the General Assembly consequently agreed to organize a
preparatory committee of member nations; non-governmental and international organizations
intergovernmental laws in view of the plethora of amendments to ILC drafts as at the present time.
THE OBJECTIVES OF INTERNATIONAL CRIMINAL TRIBUNALS AND THE INTERNATIONAL CRIMINAL COURT IN REGARD TO THE CRIME OF GENOCIDE
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