POLITICS OF INTERNATIONAL JUSTICE

Case Study - Politics of International Justice

Table of Contents

Introduction1

Description2

Appropriate Considerations:4

Criticism8

Conclusion10

References13

Politics of International Justice

Introduction

Prosecutor is a person who acts as a public or government official, carries out the case against the criminal in a court on behalf of his / her state. If the state advises a prosecutor to investigate about a certain criminal case and the prosecutor is carrying out the case on his / her own then he might not get proper results or support from the International Criminal Court (ICC). An ICC (International Criminal Court) is a permanent judicial body which is recognized by the Rome Statute of ICC in order to take legal action against people who are in charge of performing ill legal activities or crimes (Gordon 2010, p. 1). The crimes can even be against the humanity. ICC was formed to perform or take into account those crimes that national courts fail to perform. There are few countries like, China, U.S. and Russia who refused to participate in the ICC. Moreover, the United States was standing against ICC so that the citizens of U.S. are exempted from ICC's command.

This study is solely based on prosecutors of the ICC. We will be discussing that the prosecutor's capacity for self referral makes the ICC (International Criminal Court) an effective vehicle for international justice. Mostly criminal cases are seen in parts of Africa that is Congo & Uganda. The main role of ICC is to resolve the dispute among two states.

The first three self referral cases in Uganda, the Democratic Republic of Congo and the Central African Republic were referred to the ICC; all these three cases were referred to the Court by their various states themselves (Engelbrecht 2003, p. 1).

The Democratic Republic of Congo (DRC) became an independent state in the year 1908 and from the year 1997 to 2003 DRC was involved in civil war and this involved some other neighbouring countries as well (Nice 2012, p. 1).

In a case study by Gaeta, “Is the Practice of 'Self-Referrals' a Sound Start for the ICC?” (Gaeta 2004, p. 1), he has discussed a prosecutor of the ICC named, Luis Moreno-Ocampo. Ocampo, in 2004, launched ICC's first investigation, which made people happy that finally ICC is operating now as in Article 14 of the Rome Statute. The Democratic Republic of Congo (DRC) was the place where crimes were taking place. Hence; the prosecutor took a self referral from state to investigate about the crimes taking place at DRC. The prosecutor even said if he has not been given the self referral from the state he would have investigated things on his own which shows that this referral was taken from the state on the prosecutor's demand. This is the most difficult part for the prosecutor and this is where he faces a lot of obstacles and pressure. The prosecutor is always working in an unpleasant position. He has to prove that the investigation he is carrying out for the ongoing crimes in the ...