LOTF2011 | Lena Waloszek

Internationalization of Law & Enforcement By Lena Waloszek

Outline : - Trend - Example - Solution - Conclusion

I. Trend : - “Internationalization of Law & Enforcement” - More international courts and tribunals - Ad hoc tribunals (ICTY, ICTR, SCSL)

II. Example : - Special Tribunal for Lebanon (STL) - Established in 2005 by SC Res. 1757 - Assassination of former Lebanese PM - Several legitimacy problems

II. Example : - Problems: - No governmental approval - Unilateral ratification by the UN Security Council - National law serves as a basis - Jurisdiction of the Tribunal does not differ from national courts

II. Example : - Problems: - An internal problem was placed on an international level - International solutions for national matters

III. Solution : - National courts of the locus delicti - ICC as a complementary instrument - National law - International law complementary

III. Solution : - National courts are competent to deal with national as well as international crimes - National court judgments are more effective - National courts have the expertise in national law and could be trained in international law

III. Solution : - National prosecutors have a closer connection with national authorities (e.g. police) - ICC complementary in order to have a instrument when a state is unwilling or unable to prosecute (last resort)

III. Solution : - National law serves as a better basis - International law complementary in order to fill the gaps of national law and to safeguard human rights

IV. Conclusion : - Going back in history BUT taking the ICC as a complementary instrument with us - Apply national law BUT international law if human rights and jus cogens are at stake BECAUSE it is a national matter and should NOT be placed on an international level - Suggestion: NOT TO FOLLOW THE TREND

Thank you for your attention !

LOTF2011 | Lena Waloszek

by HiiL on Jul 18, 2011

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LOTF2011 | Lena Waloszek — Presentation Transcript