INTERNATIONAL CRIMINAL COURT

The permanent International Criminal Court is not really necessary

Table of Contents

Introduction3

Discussion4

Arguments against Observation4

Creation of International Criminal Court5

Rome Statute of the International Criminal Court6

Recommendations of the International Law Commission7

Statutes of International Criminal Tribunal for Rwanda (ICTR)8

Statutes of the International Criminal Tribunal for Yugoslavia (ICTY)9

The Lexis Nexus10

Westlaw10

Hein on-line11

Objections of the United States11

Conclusion14

Bibliography15

The Permanent International Criminal Court is not Really Necessary

Introduction

For decades there has been a need to establish a permanent and authoritative judicial body responsible for the prosecution of international crimes. The increasing crime rates across the world indicated the dire need to establish Courts that punish the guilty and bring them into serious trials. The creation of the International Criminal Court (ICC) marked a historic event in history that aimed to reduce terrorism and spread harmony across the globe.

The foundation of ICC was one of the most prominent and desired reforms that took place in 1945. The creation of the ICC was the most prominent reform of the International Law perspectives that shaped the face of judicial boundaries nad legalized its proceedingsThe Court has been authorized to prosecute crimes that have taken place either on its date of creation or from there onwards.

This assignment aims to establish justified basis against the idea that the permanent International Criminal Court is not really necessary. The assignment begins by identifying certain arguments against the topic statement, mentioning evidenced justifications that must indicate the significance and judicial importance of the International Criminal Court. The discussions will primarily be based on the propositions regarding the creation of such Courts after World War I and II. It will also throw light on the recommendations of the International Law Commission.

The paper will discuss the statutes of the International Criminal Tribunal for the former Yugoslavia and Rwanda and the Rome Statute of the International Criminal Court, and their respective case laws. Besides this, we will also study some of the historic works of scholars in the same subject area. We will focus on how successfully the Lexis Nexus, Westlaw and Hein on-line work in reference to propagation of justice and judicial advice on sensitive matters. We will also study the objections made by the United States against the establishment of international Courts of law like the ICC.

Discussion

The creation of the International Criminal Court was necessary to establish a fair judicial system across the world, where each country may be represented. The ICC adopts protective measures that aim to eradicate the misuse of political power and justice. This has been made possible by its creation and promulgation as a Court of law with full force. The most prominent declaration of the Court's objectives is expressed in the Permeable to the Rome Statute. The preamble states that the aim of the ICC is to punish international crimes primarily through national criminal jurisdictions and alternatively by its own process.

Arguments against Observation

Unfortunately, war is still a reality in the international community and so are the crimes that accompany it. History reminds that war-torn societies are often left ...