Historic genesis or course work


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Historic genesis or course work

  1. 1. International Criminal Law (ICL) and Human Right abuses. Student number: 434744 for Milton and 44555 for Urman Overview and Introduction • International criminal proceeding following world war II are credited with the launching of the modern regime of international criminal Law (ICL).It date back for centuries and across the globe in particular ICL draw on a four main stands of international law history in the nineteenth century prohibited against piracy, the subsequent regulation of slavery and the slave trade, the once theological and later secular theory of the just war and international Humanitarian Law (IHL) or the Law of war. in the terminology of Dan-Cohn ,the ICL had conducted rules without corresponding enforcement rules. the Jus Ad Bellum which manifested an ‘extreme pacifism ‘ that prohibited participation in war. Efforts to identify the necessary condition for war constitute the jus(or ius) ad bellum however this shift in emphasis from jus ad bellum to jus in bello. international law typically governs the rights and responsibilities of states criminal law conversely, is paradigmatically concerned with prohibitions addressed to individuals, violation of which are subject to penal sanction by a state: The development of a body of international criminal law which imposes responsibilities directly on individuals and punishes violation through international mechanism is relatively recent. Although there are historical precursors and precedents of and in international criminal law, it was not until the 1990s, with the establishment of the ad hoc Tribunal for the former Yugoslavia and Rwanda, that it could be said that an international criminal law regime had evolved. This is a relatively new body of law, which is not yet uniform nor are its courts universal. International criminal law developed from various sources. War crimes originate from the 'laws and customs of war’, which accord certain protection to individuals in armed conflicts. Genocide and crime against humanity evolved to protect persons from what are now often termed gross human right abuses, including those committed by their own governments. With the possible exception of the crime of aggression with it focus on inter-state conflict, the concern of international criminal law is now with individual and with their protection from wide-scale atrocities. As was said by the Appeal Chamber in the Tadic case in the international criminal Tribunal for the former Yugoslavia(ICTY) • Human rights protection through the means of criminal prosecution is still a more or less developing concept which continues to suffer from severe shortcoming and obstacles- for example, the doctrine of functional immunity of serving head of state and other officials limits the exercise of the principle of universal criminal jurisdiction, the chronic lack of resources and means of effective prosecution , the difficult and sometimes nonexistent judicial cooperation in criminal matters, the often apparent reluctance of individual sate to assist in prosecution of perpetrator of international crimes( as highlighted by the difficulties encountered by the two ad hoc tribunals)the inherent question whether they resemble forums of selective justice and the limited scope of international criminal court’s (ICC) ratione materiae and the supplementary nature of its jurisdiction. It is doubtful whether a universal system of individual criminal accountability with a corpus of uniform rules of the necessary deterrence can be developed. The establishment of an international regime of strict individual civil liability for the commission of
  2. 2. international core crimes and other acts of gross human right violation in the addition of the existing ways and means of human right protection might well prove to be a solution to existing shortcoming it should be bore in mine that International human rights law and international humanitarian law are both part of international law although there are significant differences between the two branches of IL, they are interrelated in protecting the rights of individuals and on the other flip site of the con is to enforce in addition to state responsibility, individual tribunals( or courts, ad hoc or permanent) In this is chapter we will focus our attention on the aspect of selective justice in regards to the execution of saddam Hussein and the cases of rape