Delsol Unjust Justice

Delsol Unjust Justice
In Unjust Justice, Chantal Delsol evaluates the contemporary international system and contemporary
international law, the regulation of relations between sovereign states, by defending various
principles that she claims will be violated by the potential formation of a "world government". The
principles that Delsol defends in response to recent steps toward a universal state are found in the
works of modern thinker, Emer de Vattel, and medieval thinker, Thomas Aquinas.
Furthermore, her critique of contemporary international law is complimentary and reflective of the
arguments made by Vattel and Aquinas. Specifically, her critique of the contemporary international
system is to preserve the principles of state sovereignty, diversity, and politics. Delsol's
interpretation of contemporary international law should be used to protect these traditional
principles of international law, defended by Vattel and Aquinas, against the establishment of a
universal state. Delsol's discusses how the "murderous character of the twentieth century emerged"
from conflict between morality and faith in order to explain how the idea of a world government
emerged. After the Cold War, it was evident that people had been obedient to authority instead of
morality. Delsol argues that this led to a "contemporary resolve to establish institutions of
international justice" in order "to make ethics or morality everywhere supreme over obedience to a
leader or to a system." The emergence of an
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Why Is It The Interest Of United Law?
Why is it in the interest of states to obey International Law? ABSTRACT A growing discussion
amongst IR scholars and International legal scholars alike has been the debate on if International
law (IL) is really law especially since it lacks the basic characteristics of domestic law. Is
international law a law just in name or in action also? If it is a law, do states obey this Law? And
why will it be in the interest of a state to obey such law (if it does exist). This essay is an attempt to
explain what IL is and to point out likely reasons why it is in a state interest to obey IL. This essay is
drawn largely from work written by various scholars at different times to draw my conclusion
INTRODUCTION: All states in the contemporary international system, both great and small, are
compelled to justify their behaviour according to an international legal framework. Although
Goldsmith & Posner (2005:4) contended that due to the fact that most academic work on
International Law has been written by Law Professors, they explained that these scholars have all
shared an assumption which is not empirical enough, these assumptions drawn from the
international rules of opinion juris (the "sense of legal obligation" that makes customary
international law binding) and pacta sunt servanda (the rule that all treaties must be obeyed) They
however opined that Contemporary international law scholarship does not deny that states have
interests and they try to pursue them. This essay seeks to

Essay about Risk Based Bail System in Nsw
Q. 'The bail legislation of Bangladesh is more focused on justification rather than risk based
approach'–discuss this statement and give a comparative description in this regard between
Bangladesh and New South Wales.
I. INTRODUCTION
In the discourse of criminal justice system bail is one of the arenas which not only generates a huge
adherence but also a significant assumption. There are lot considerations take into place when the
question of enlarging bail is comes into existence. The court or the police as a matter of fact are
regulated by some principles, and it is obvious that not all persons who are engaged with an offence
will be entitled to get bail. Bail is broadly used to refer to the release of a person charged with an
offence, ... Show more content on Helpwriting.net ...
Under section 496 of the Cr PC a person arrested on the allegation of a bailable offence shall be
released on bail if an application for bail is made before the court. That means a person arrested on
the allegation of a bailable offence is entitled to get bail as of right. If a person is convicted for an
offence which is baialble, in the appeal he is also entitled to get bail as of right. As regard non
bailable offence, there is also scope of granting bail but the scope is limited. Section 497 provides
that 'when any person accused of any non bailabale offence is arrested, he shall not release on bail if
there appears reasonable grounds for believing that he has been guilty of an offence punishable with
death or imprisonment for life'. However, under the proviso to this section, the court is empowered
to release any person on bail who is under the age of 16 years or any women or any sick or infirm
person accused of a non bailable offence. There are also other circumstances under which bail may
be granted to a person who is accused of a non bailable offence when the case is of such kind that
requires further inquiry, the accused shall be released on bail pending such inquiry. Moreover if after
conclusion of trial and before the delivery of judgment, the court is of opinion that there are
reasonable grounds for believing that the accused is not guilty of any such offence, he shall be
released on bail. Besides these two usual dimensions of bail there are

Neobc 104 Unit 5 Assignment
MIBC 104 – Political Science
Unit 5 Assignment
Write a one–page document discussing the types of law found in the textbook. (5)
1. Criminal law – This Law is widely statutory and covers a particular category of wrong that is
considered social evils and threats to the community. Here the crime is against state regulations.
Criminal Law is divided into three categories which are:
Patty Offence – example traffic offense, which is punishable by monetary a fine and not a jail time
Misdemeanors – example prostitution, these are liable to a greater amount of fine or a short jail
time.
Felonies – Example murder and terrorism – punishable by imprisonment.
2. Civil Law – This Law is concerned more with a personal or private crimes such

The Influence Of The Nuremberg Trial On International...
For the victorious parties of war to determine the process of justice makes a significant assumption
that those parties will attempt to apply an extension of the just war theory to include jus post bellum
in that they will endeavor for a just and lasting peace. This assumption is problematic for three
reasons. First, nothing guarantees that as a belligerent concludes acts of war that it has any intention
whatsoever of establishing peace. Second, the victor enjoys the privilege of deciding what
constitutes genocide or mass violence. Finally, the possibility always exists of atrocities committed
by the victor. Ultimately, in the Nuremberg Trial, the victor retained the prerogative to determine
that the wrongs performed by the Nazis were "so calculated, so malignant and so devastating, that
civilization cannot tolerate their being ignored because it cannot survive their being repeated."
(Jackson, "Opening Address for the United States) In this example, four victorious nations
controlled the responsibility to determine the requirement for a trial, negotiate the employment of
the appropriate system of law, determining the definition of criminal entities, and defining
international law and that of a sovereign nation (Rosen, ed., "The Influence of the Nuremberg Trial
on International Criminal Law").

International Law
The Role of an Individual in International Law
Student`s name:
Institution of Learning:
The Role of an Individual in International Law At a glance, one may assume that individuals do not
play a significant role in international law. International law may seem too broad to encompass
individuals in any society. This is because that international law has no jurisdiction. It applies
regardless of the local jurisdiction sometimes even overriding local legislation. Courts may use
international law to pass judgement on tricky cases. However, individuals play a significant role in
international law. International law focuses mainly on the individual. It ensures that individuals get
justice mostly in situations when the national ... Show more content on Helpwriting.net ...
This is because some parties – such as women – had limited rights compared to other citizens of the
same country. One of the rights that young sovereign nations denied women in their territory is
suffrage. However, parties that had limited rights gradually gained their rights albeit after
undergoing long durations of painful struggle.[2] However, the individual still played a significant
part in international law even before the formation of the United Nations. Even before the formation
of the United Nations, there was a humanitarian law that sought to reduce the effects of war on
civilians and combatants. Humanitarian law also had rules that dictated how states should treat
aliens by granting them protection. However, the individual was usually associated with the state of
residence and not regarded as an autonomous entity in international law. During the Second World
War, the link between sovereignty, citizenship and rights that citizens of sovereign states had was
apparent. Sovereign states did not always protect the rights of their citizens, as they did not prevent
other nations from inflicting atrocities on some of their citizens. However, the Second World War
made protection of human rights a core issue of various sovereign states and the international
community. The Second World War led to the formation of many sovereign states.[3] As more and
more states became sovereign, the

Cyber Warfare : The Next Frontier
Cyber Warfare: The Next Frontier
The year: 2015. The information age is well underway and is only gaining more power and force as
time progresses. The many vast, intricate networks used for such things as communication, online
shopping, business technologies and even online banking, are growing and metamorphosing into
tools now utilized by not only the every–day consumer but rather political groups and individuals
with extremist and even deadly intentions. Cyber warfare can be defined as politically inspired
computer security hacking to achieve sabotage and/or espionage. Cyber warfare looks to seek and
exploit weaknesses in a computer system with chaos and destruction ultimately in mind. Cyber
warfare is increasingly described as the next battlefront. Conventional warfare (hand–to–hand
combat) looks to be a thing of the past. Information systems and technologies are taking over the
world and with it, the potential for global–sized destruction and political gain. As the global online
community and its information systems are skyrocketing at alarming rates, so are the number of
users and even governments looking for an edge over competitors and threats. Using technology the
world is only beginning to understand, governments, terrorists, and individual actors are taking
advantage of the lack of legislature, the unknown, and international and intrastate cooperation to
wage a new kind of war. An emerging dichotomy remains, if it can be made, it can be hacked.
Which begs the

What Are Crime Analysts
Crime Analysts
For anyone who has been a member of the law enforcement working community the term 'crime
analysts' sounds so familiar it's a term that members might believe anyone would understand.
However, given the fact that analysis on crimes is a continuous upscale battle among organizations
and agencies throughout the world, it is important for not just law enforcement personnel but also
the public to be aware of the common practices that come as a result of crime analyst's duties and
responsibilities. Just like an engineering job, medical, or teaching position, crime analysts should
have a specific set of rules and terms as to what constitutes the method of this working situation. So,
what are crime analysts? What do they do? Where

Essay on Humanitarian Intervention
The debate of humanitarian intervention and the responsibility to protect have been discussed in
international relations discourse more seriously within the last 60 years. The major historical
developments which have led to an increase in the intensity of these debates have had beneficial and
detrimental effects on Earth within the last 20 years. Several factors have contributed to this
including; globalization, the rise in international accountability, an increase humanitarian
consciousness to prevent major atrocities from occurring, the expansion of territorial to global
responsibility of the western world, and the realization of the western world that regional
sovereignty no longer accounts for national security. To develop an opinion ... Show more content
on Helpwriting.net ...
Articles 1, 55, and 56 are the center pieces for promoting and protecting human rights. During the
cold war humanitarian intervention went stagnant because the two superpowers who were facing off
(US & Russia) were at odds about ideology and this caused world peace to be thrown into turmoil.
The UN was very new and did not have the international legal clout to stop either superpower from
promoting its system of governance through invasion or indirect military support. The Cold War
caused social, economic, and political upheaval globally which allowed for the UN to revise its
interpretation of humanitarian intervention. This allowed for a larger consensus among nations about
which circumstances required intervention. From 1945 to 1976 five major human rights documents
were adopted; The Universal Declaration of Human Rights, Genocide Convention, Geneva
Convention, Laws of War, International Covenant on Civil and Political Rights, and the
International Covenant on Cultural Economic Civil Rights. The end of the Cold War "liberated the
UN which had established 20 new peace keeping missions from 1988–1993, more than it had taken
in its entire 40 year history." (Taha, 14) The major developments of the 1990's for international
humanitarian

Cloud Computing : The Nature Of The Cloud
Background A. The Nature of the Cloud 1. Cloud computing includes web–based email systems and
social networking sites like Gmail, Hotmail, Facebook and Linked In to name a few. 2. The use of
cloud computing, in which information is being stored and shared across the world, is growing at a
rapid pace. To further help conceptualize this process, the cloud has also been described as
something similar to a shared, pay–as–you–use public utility supplying water to a community. 3.
The concept of cloud computing has quickly spread over the last few years, while use of cloud
computing has increased exponentially just over the last few months with mainstream companies
like Apple offering cloud access in products such as the iPhone and iPad. 4. One cause of confusion
is whether "cloud computing" is synonymous with "the internet." At a first uniformed glance, it
seems that the two are the same thing. However, this is not true. The main difference between the
internet and cloud computing is storage. The internet, to use the mall analogy, is the unvested
shopper, but the cloud involves the shopper who also owns a shop in the mall and leaves his/her car
parked in the lot. 5. Cloud–computing services, offered by cloud–computing service providers
(CCSPs), represent a collection of technologies aimed at "allowing access to large amounts of
computing power in a fully virtualized manner." 6. There are three main types of cloud–computing
services: (1) Infrastructure as a Service (IaaS), (2)

Why Is Criminal Law Wrong
Criminal law is one we hear the most about. Criminal law are wrongs that are social evils or threats
against society. It can be petty offenses, misdemeanors, or felonies. A good example of this could be
anything from shoplifting to someone killing someone else. These crimes could mean staying in jail
for a short period of time to getting life in prison. Civil law covers civil matters. Civil law is done to
an individual that isn't breaking the law. Like I said in class I had a surveyor come out and survey
my land and the surveyor noticed a mistake and moved my uncle's corner stob 2 feet over and my
uncle had a fit on me and called the police, who told him that I hadn't broken any law and it was
considered a civil matter not a criminal matter. Long story short he took me to court to fight over 2
feet of land to which he lost. The judge ruled in my favor. ... Show more content on Helpwriting.net
...
The most common form of constitutional law that we see in the US involves cases in which citizens
claim that their rights have been violated by their state. One example can be even though we have
freedom of speech a lot of places such as schools, stores, and other public places will not let you talk
about God, which in my opinion is wrong. They don't want it because they are afraid you might
offend someone. Administrative law is relatively new, but it is the body of law that governs
activities of administrative agencies of government. One example of this is if someone applied for
Social Security Disability benefits and has been denied. They follow the appeals process, but is
denied again. They can then request a hearing before an administrative law judge. They will then be
required to appear in an administrative court, where they will present the case, and answer questions
asked by the

Lizaobel V Royal Dutch Petroleum
Kiobel v. Royal Dutch Petroleum Co. Legal Brief
Case Identity: Kiobel v. Royal Dutch Petroleum Co., 569 U.S.
Facts: Plaintiffs are residents of Nigeria, who claim that Dutch, British, and Nigerian corporations
engaged in aggressive oil exploration and production, aided and abetted the Nigerian government in
committing violations of the law of nations related to crimes against humanity and human rights
abuses. Royal Dutch and Shell are parent companies incorporated in the Netherlands and the United
Kingdom respectively; Shell Petroleum Development Company (SPDC) is incorporated in Nigeria.
Since 1958, SPCD has conducted oil exploration and production in the Ogoni region of Nigeria.
Protesting SPDC's activities in the region, Ogoni ... Show more content on Helpwriting.net ...
In this case the primary plaintiff, Esther Kiobel sued in a federal court in New York the accused,
alleging they helped and encouraged the Nigerian government to execute his husband Doctor
Barinem Kiobel, an environmentalist, in an effort to suppress protests against its operations in
Nigeria summarily.
Discussion/Legal Reasoning: "The Alien Torts Act (ATS) gives federal district courts jurisdiction
over claims by an alien for wrongdoings only, committed in violation of International Customary
Law or a treaty of the United States." (28 U.S.C. § 1350).
Back in 2004, the Supreme Court reaffirmed the constitutionality of the ATS in Sosa vs. Alvarez–
Machain, a case regarding the forced disappearance of a Mexican citizen in Mexico, perpetrated by
a former Mexican official. The Court ruled that the ATS applied to a narrow set of internationally
recognized violations that are universally condemned, and that would render the accused a "hostis
humani generis, or enemy of all mankind", no matter where they take place including slavery,
genocide, and war crimes, and that it is a jurisdictional statute only; it does not create cause of
action. Justice Souter explained, that the drafters of the Statute assumed that the common law would
provide a cause of action for the limited number of international law infractions with a potential for
personal liability at the time."(CaseLaw 2012). "Indeed, at the time of its inception, the ATS "allow
federal courts to hear

Living in a World with Danger and Killing
We live in a world, where war is a constant danger and is a recurring issue in our lives. Death and
violence are constant topics of discussion throughout the media and most Americans have grown
accustomed to hearing about these issues on a daily basis. It seems that the reaching ideal of global
peace is an impossible feat and that justice will never be reached. Nations throughout the world have
made the promise "We will never fight again" on numerous occasions, yet the world is still afflicted
with wars, mass killings and political turmoil. As citizens of a world population we have become too
consumed with the pursuit of wealth and power and the lofty ideals of world unity have fallen by the
wayside.
Globally, almost everyone would prefer to live in a world of peace. Peace may seem to be a simple
world, but in reality it is a difficult concept to comprehend and has proven to be an insurmountable
problem. Historically, there have been several attempts at creating international bodies to promote
peace, but none have been effective. In many instances throughout history disastrous calamities
could have been avoided, but for a lack of a competent international lawmaking body. The mass
killings that occurred in Rwanda are a perfect example of a failure of an international lawmaking
body. In this case, the United Nations had extremely accurate information about what was occurring
in Rwanda, but they stood by and let the killings of hundreds of thousands of people take place

Office Of The Prosecutor : An Investigation Into The...
Author:
Course instructor:
Course:
Date:
Office of the Prosecutor, ICC
TO: [name of recipient]
FROM: [name of author]
DATE: [date]
RE: [subject of memo]
Introduction
This memo addresses the issue of whether this office has sufficient grounds to launch an
investigation into the events that took place in Minoropolis.
Issues
The issues that arise from the facts are;
Systematicplanned attack and retaliation.
Forceful eviction of civilian population.
Murder.
Torture.
Racial Slur or Hate Speech.
Discussion
Article 7 of the Rome Statute, Crimes against Humanity defines murder and extermination. A crime
against humanity occurs when a party commits a widespread or systematic attack against a civilian
population that includes certain acts such as ... Show more content on Helpwriting.net ...
The term organization must satisfy certain criteria put down by an ICC Pre–Trial Chamber, the
organization must have a hierarchy of command, possess the means to carry out a widespread or
systematic attack, exercises control over a part of the territory of a State, and has criminal activities
against a civilian population as a purpose. In Minora, the drug cartels are said to be well organized
and have authority throughout the Minora country with the help of local police.Their criminal
activities have brought violence to the country with victims being both rivals of member gangs and
ordinary citizens. The drug cartels also use military weapons such as automatic weapons and
grenade launchers that are used to attack the government forces.
The definition of a non–international armed conflict is provided for under International
Humanitarian Law (Bouchet–Saulnier, Brav, & Michel 426). Common Article 3 to the Geneva
Conventions of 1949 and modified by Art. 1 of Additional Protocol II to state that the conflict must

have an extended period of violence, and the parties must be organized and armed. The conflict in
Minora between the government forces and drug cartels has taken place since January 2014 and
went on until September. This can be said to be a long period of violence. In the case of Prosecutor v
Tadic`

The Armenian Genocide Committed By The Ottoman Empire
The Armenian genocide committed by the Ottoman Empire against its minority Armenian
population from 1915–1917 left an estimated 1.5 million dead and to date, not one individual has
been tried for these egregious crimes. The mass killings of Armenians by the Ottoman Empire in
World War I and Jews by the Nazis in World War II shocked the conscience of the international
community and led to the creation of the Convention on the Prevention and Punishment of the
Crime of Genocide (CPPCG), in order to hold the perpetrators of crimes of this magnitude
accountable. In its preamble, the UN charter sets the objective to "establish conditions under which
justice and respect for the obligations arising from treaties and other sources of international law can
be maintained". The genocide committed by the Ottoman Empire and Nazis made it clear that an
international standard must be set in order to protect the rights of individuals. The UN has attempted
to establish international law with the creation of the CPPCG and other resolutions, however, these
resolutions are simply words on paper unless they are properly enforced. In this essay I will be
examining whether the United Nations have been successful in its enforcement international law,
specifically the CPPCG.
Thesis
Law in society serves many purposes, the main of these are protecting liberties and rights,
establishing standards, maintaining order, and resolving disputes. Since the CPPCG convened, the
UN has

Rough Justice Summary
The book Rough Justice clearly explains the struggle between power and justice in the realms of
international law. The international criminal court was established on the principle that all the
perpetrators of crimes against humanity, war crimes, and genocides should be subjected to
investigations irrespective of ethnicity, nationality or political affiliation. The ICC was also expected
to operate fairly in an international legal and political system. The international court is also
required to operate in a straightforward manner without portraying any favoritism. The states were
also required to avoid the actions of ICC if they wished by not ratifying the Rome Statute: thus,
voluntarism remains an important principle of the international law. ... Show more content on
Helpwriting.net ...
Bosco (2014) makes such conclusion because Ocampo expressed some independence when he
declared a warranty of arrest on the president of Sudan, Al–Bashir. The view that the prosecutor is
strategic is very much debatable because in the book there in no explanation on why the prosecutor
is not captured. The first prosecutor was fully captured, and his authority was only limited to the
lesser states such as Sudan and Congo. Ocampo was not capable of investigating and prosecuting
the United States for killings in both Iraq and Afghanistan. He opted to carry out investigations and
subsequent prosecution in countries such as Sudan, Kenya, and Congo. The increased focus on
African nations which are perceived as weak has made the African Union to raise alarms sometimes
threatening to withdraw from the Rome Statute. The second prosecutor, Bensouda portrays a
captured behavior because she is yet to initiate a successful investigation. The office of the
prosecutor in the ICC is overpowered by the most powerful nations, therefore, hindering any efforts
to investigate such

International And Domestic Criminal Law
Introduction Cybersecurity, cyber conflict, cyberwarfare, cyberattack. In addition to these terms,
there are countless others relating to the evolving technological capabilities and the emerging ?
battlespace? dimension that is cyberspace. A robust volume of scholarly literature has attempted to
address numerous emerging security concerns in the cyber realm making cybersecurity one of the
most discussed areas of study. Key leaders in the field of cybersecurity including General (ret.)
Keith Alexander has stated that threats from the cyber realm are going to be some of the top security
challenges the United States faces in the 21st century.[footnoteRef:1] Comment by Grammarly:
Deleted: a Comment by Grammarly: Deleted:ve [1: Shalal–Esa, ... Show more content on
Helpwriting.net ...
rights and responsibilities, and how to respond appropriately to cyber incidents of increasing
severity up to and including incidents that might call for the application of the Law of Armed
Conflict. Comment by Grammarly: Deleted:the [2: Schmitt, Michael N., ed., The Tallinn Manual on
the International Law Applicable to Cyber Warfare, (Cambridge: Cambridge University Press,
2013)] As the spectrum of cyber has grown, the ability to exert influence in this emerging dimension
provides broadened capabilities due to cyberspace?s low barriers to entry and fluid nature.
[footnoteRef:3] Cyber incidents can thus range between a basic denial of service attack (where a
network is overloaded with requests and shuts down)[footnoteRef:4] to operations of much greater
severity. Increased state capacity to use offensive cyber resources is evidenced by official
publications such as the 2015 Department of Defense Cyber Strategy.[footnoteRef:5] This includes
measures up to the level of offensive cyberattacks on enemy systems and networks. The increased
sophistication of offensive cyber weaponry means that the implications of its usage will have to bear
further scrutiny. This challenge is only exacerbated by emerging capabilities available to non–State
actors and their ability to exploit cyber resources to their advantage in asymmetric conflict. [3:
Singer, P.W., & Allan Friedman,

Crimes Against Humanity : Genocide
Crimes against Humanity final
Name:
Institution:
Crimes against humanity
Introduction
The law is credited with ensuring that people get justice and fair treatment in the legal system. The
law prohibits the occurrence of different forms of crimes by prosecuting people that are found to
participate in such incidences. One of the areas that have continued to have significance across the
globe is international legal systems. Different crimes have been experienced in some parts of the
world including civil war, genocide, and post–election related incidences. All these events have
triggered mass deaths and destruction of property, forcible transfer of population that has resulted in
the internal displacement of people among others. The idea of having an internationally accredited
judicial system that could try the masterminds of these crimes led to the establishment of the
International Crimes Act. However, discussions around crimes against humanity have raised a lot of
arguments regarding the right definition and scope. This paper examines an evolution of crimes
against humanity, focusing on some of the institutions that have been created to prohibit crimes
against humanity.
The evolution of crimes against humanity
The evolution of this concept as a legal term has been said to lack a clear origin. According to
Rodenhäuser (2014), this term is said to have been decided upon by scholars that framed the
Nuremberg Charter. Jalloh (2013) explains that the term was

Respect For International Humanitarian Law
Respect for International Humanitarian Law
Article 1 of the Geneva Conventions provides that States parties undertake to "ensure respect for the
present Convention ". The same provision is repeated in Additional Protocol I in relation to respect
for the provisions of that Protocol . It further provides that in the event of serious violations of the
Protocol, States parties undertake to act, jointly or individually, in cooperation with the United
Nations and in conformity with the Charter of the United Nations. A similar provision is included in
the Second Protocol to the Hague Convention for the Protection of Cultural Property.
Beginning with its commentary on common Article 1 of the Geneva Conventions, the ICRC has
repeatedly stated that the obligation to "ensure respect" is not limited to behavior by parties to a
conflict, but includes the requirement that States do all in their power to ensure that international
humanitarian law is respected universally .
The interpretation that common Article 1 involves obligations beyond those of the parties to the
conflict was supported by the UN Security Council in a resolution adopted in 1990 calling on States
parties to the Fourth Geneva Convention to ensure respect by Israel for its obligations, in accordance
with Article 1 of the Convention . The UN General Assembly has adopted several resolutions to the
same effect and in relation to the same conflict . Other international organizations have likewise
called on their member

Assessment: The Impact of Globalization on the US Criminal...
Access Criminal Justice
Assess the impact of globalization on the U.S. criminal justice system.
Over the last several years, globalization has been transforming the US justice system. This is
because a series of international standards and guidelines are being imposed by many nations around
the globe. At the heart of this focus, is an emphasis on a number of different areas to include: respect
for human rights and judicial oversight. (Holmes, 2009, pp. 30 42) In the case of the US, this has led
to greater amounts of scrutiny from different organizations about the treatment of various criminal
suspects. A good example of this occurred with the implementation of the ICC Treaty of Rome and
the execution of Timothy McVeigh. In the late 1990s and early 2000s, the US was opposed to this
treaty. The reason why is because they felt that it gave this court authority over the US judicial
system (in areas such as war crimes and it violated US sovereignty). The attitude behind the
implementation of this agreement set the stage for having greater amounts of scrutiny over the
activities that were occurring inside the criminal justice system. (Holmes, 2009, pp. 30 42)
When Timothy McVeigh was executed in 2001, these attitudes were openly used to criticize the
actions as illegal and against the rule of law. This is despite the fact that the US never signed or
approved the treaty. At the same time, many Americans believed that the death penalty was the right
course of action given

How Effective Can International Law Be As A Regulator Of...
How Effective can International Law be as a Regulator of State Conduct?
Introduction
When sovereign states fail to comply with international law (IL), it can be stated bluntly that
supranational legal organizations are systematically incapable of responding with coercive or
punitive measures. If the efficacy of IL is unabashedly defined in strict terms of coercive and
punitive power, it is unsurprising that it falls short as an effective regulatory mechanism of state
conduct. Instead, a better measure of effectiveness regarding international law is one that
understands compliance of IL as a norm adoption platform primarily directed at nation states.
Effectiveness of IL as a regulator of state conduct can be understood as the "conformity of behavior
to rules, rather than the ultimate outcome of such conformity."
Institutional platforms, representing universally accepted social norms, have the power to influence
state behavior and legal order. International law can be an effective regulatory mechanism for state
conduct if a norm cycle activates in which international norms trickle down into domestic structures
and a trajectory towards national policy outcomes transpires. International law can be immensely
powerful in influencing the domestic political arena; it is therefore conceivable that international
law could serve as a regulatory mechanism within state conduct given national structures exhibit
willingness and agreement with international norms.
Realist, liberal

International Law Threatens Western Countries
In recent years, with the increasing attention to varieties of international crime, comparative
criminology becomes a major field in criminology and criminal justice (Bennett, 2004:2).
Comparative criminology is important for the designation and implementation of international
policies and preventive measures on international crime; hence there are a rising amount of studies
regarding crime and control on a cross–national level. Therefore, in this essay, how do violations of
international laws present a direct threat to Western countries will be discussed in the first part, then
the understanding of such threats and justice perpetrators of international crime will be examined in
relation to comparative criminology in the second and the ... Show more content on Helpwriting.net
...
Held et al also argue that with the spread of interconnection of crime across national boarders, it
creates new opportunities and forms of global crime such as transnational organized crime, IP crime
and human smuggling and trafficking (Held, et al., 1999:162). For instance, Castells points out that
the Western societies acts as the demand side in a global criminal economy, they are in a high
demand of drugs and prostitutes, which can be supplied and produced in a third world drug
producing countries such as Columbia (Castells, 1998, cited in Puniskis, 2010:239). Furthermore,
apart from the reasons that these crimes are prevalent in the Western nations, it becomes a
controversial issue as it violates the international laws regarding humanity. For example, human
smuggling and trafficking is an illegal sale of human beings that contains exploitation and coercion.
According to Leman and Janssens, it is apparent that human trafficking is a violation of human
rights in the way that it requires exploitation of human such as prostitution, non–voluntary form of
sexual behavior, forced labor or services as well as slavery or slavery–like conditions (Leman and
Janssens, 2012:175). Therefore, the coercive nature of such crime presents a violation

Universal Jurisdiction And The Difficulties
Universal Jurisdiction SYSTEM ID: 2015016163 Abstract This article analyzes and evaluates the
principle of universal jurisdiction and the difficulties in its implementation. There is still a number
of obstacles legal and non legal to proper and better implementation even if this principle is well
known. About the principles of universal jurisdiction can something original or new be discovered
or asserted? Universal jurisdiction is one of the talked topics in today's world. Concept of universal
criminal jurisdiction is very complex. When we talk about universal jurisdiction sovereignty also
comes to raise its voice. When dealing with the subject of universal jurisdiction there is a starting
point that cannot be ignored. In practice there are still various international crimes that go
unpunished despite the international obligation to prosecute those who committed them, though
principle of universal jurisdiction is extensively discussed. Constraints of real politics or diplomacy
clashed with the concept of universal jurisdiction. Political reasons have prevailed over legal
reasoning in a number of cases. This article also examines the meaning and implementation of
universal jurisdiction. For no sanction mechanisms have been created to induce them, without their
consent, to abide by their obligations, until now only the goodwill of states could be relied on to
guarantee their implementation in good faith. Before ending with some possible remedies to
minimize potential

International Law On Sexual Violence
International Law on Sexual Violence in Congo
Roody Mossimi
Dr. Bruce Stanley
Politics of International Law
INR 6210
15th December 2015
Richmond the American international University in London
This essay will discuss about the problems within international law which revolves around sexual
violence and using the Democratic Republic of Congo as a case study. In addition, the essay will
explain about who is accountable, how to obtain witnesses and provide recommendations on
improving international law to bring the perpetrators to justice and reduce crime overall. But
primarily, the sexual violence has to be explained and how there is international law for this issue.
According to (WHO, 2002) & (Obote–Odora, 2005, p135), sexual violence is not limited rape, but a
person conducting a sexual act on another person via coercion. Sexual violence can relate to
violence psychologically and physically and this is aimed at the sexuality of a person and this could
include forced acts such as sexual slavery and prostitution. Sexual violence is prevalent in peace and
armed conflict scenarios. This is regarded as traumatic, pervasive a common violation that people
suffer from. This is a grave health and human rights issue that affects the individual mentally and
physically in the short term as well as the long term. Though women and girls suffer
disproportionately from sexual violence, it can happen to anyone from any age. This can be caused
and the

Diplomatic Immunity In Our Criminal Justice System
Diplomatic immunity is a problem within our criminal justice system. The problem with diplomatic
immunity is that someone with diplomatic immunity can commit a crime in another country and not
get punished justly for it. It doesn't seem fair that someone with diplomatic immunity can commit a
crime in another country and not be punished by that country, but instead by their own country and
by their laws. It is my belief that diplomatic immunity should not exist. To me, it doesn't matter who
you are, if you commit a crime in another country you should be punished in that country and by
their laws. I, however, am willing to stay objective about the topic so I can determine if it really is a
problem. First, let's define diplomatic immunity. Diplomatic immunity "refers to a principle of
international ... Show more content on Helpwriting.net ...
They receive the same immunity from the police and criminal courts, but a lesser grade of immunity
from civil courts. They can be sued in civil court; however, they cannot be sued for acts performed
in relation to their official function. This exception does not apply to their family members (Kacou).
The last category of embassy employees is those who indirectly support diplomatic activities. They
receive the lowest level of immunity. They have immunity only for acts in relation to their embassy
role. Their family members receive no immunity at all (Kacou).
There are exceptions to these policies. In erratic cases, both the second and third categories of
embassy employees may receive the same amount of immunity as diplomatic agents. This can only
happen when the home country and the host country have an agreement or treaty regarding that. The
home country's government can also waive diplomatic immunity from the employee. Lastly,
immunity does not apply to embassy employees or their family members who are native residents of
the host country

Habeas Corpus Research Paper
Introduction
"How powerful is the law? The laws of armed conflict–grandly and euphemistically called
"international humanitarian law"–have never been better cultivated by so many jurists, yet somehow
hundreds of thousands of Iraqis managed to die after our 2003 invasion, with a perhaps greater
number perishing due to the economic sanctions between our Gulf Wars" (Madar, 2014). Within
today's society we have criminals of all kinds. These criminal's may truly not be criminals, they are
just labeled with this term and held under lock and key until proven not guilty. Here in the United
States they claim one is innocent until proven guilty. This is why Habeas Corpus was put into place,
to protect said criminals from being detained for no apparent ... Show more content on
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The United States adopted and ratified Habeas Corpus on September 17, 1787. With the Judiciary
Act of 1789 the U.S. Congress gave the federal courts the power to issue writs of Habeas Corpus. In
the War of 1812, General Jackson declared martial law and took several detainees and blocked their
released even after a writ of Habeas Corpus was issued by a judge. In the 1860's a civilian named
Lambdin Milligan was sentenced to death in a military proceeding and used a Habeas petition to
challenge President Johnson's military commissions. In this case the Supreme Court ruled Ex Parte
Milligan that the military commissions didn't have any jurisdiction over the civilian and granted him
to freedom. As stated above in 1871 when the Ku Klux Klan Act was passed, President Ulysses S.
Grant suspended the writ of Habeas Corpus due to the several South Carolina counties that began to
riot in rage. Habeas Corpus was suspended in the Philippines in 1902 by President Roosevelt and
the governor of the Philippines due to ongoing rebellion. In 1941 the Congress authorized the
governor of Hawaii to temporarily suspend Habeas Corpus in response to the Japanese attack on
Pearl Harbor. In the twentieth century, after the Oklahoma City Bombing, President Clinton signed
the Antiterrorism and Effective Death Penalty Act of 1996, this limited the instances under which a
federal court could issue a habeas writ. Back in

The Debate Surrounding Universalism And Cultural Relativism
1– Discuss the pitfalls of the debate surrounding universalism and cultural relativism. Which seems
to be stronger in Law and in Humanities and the Social Sciences. You can give some of your
personal experiences if you wish.
Answer:
Cultural relativism is the perspective according to which every culture has its norms, standards,
values, traditions, culture and custom. No culture is superior to any other culture. In this way, the
entire moral codes of the world going to be grounded because everyone seems to behave according
to their cultures. According to the cultural relativist approach, culture is an exclusive source of the
legitimacy of a moral rule and right. On the other hand, Universalism proposed that an entire world
is belong to one culture that is why culture or society is irrelevant to the legitimacy of moral rules
and rights (Arat, 2006).
According to the proponents of the postmodernism and feminism, there is also some distinctions in
the basis of the relativism. They strongly condemn the discrimination in the society on the basis of
race and ethnicity. They contend that subjective relativism is more superior to the cultural
relativism. According to this perspective, life has more value than any other cultural norms of the
society. Since, society become more progressive and developed if there is more value of life than
anything else.
Naturalism or natural law proposed by the clergy people of the society that transcultural moral
obligations are not correlative to

The Most Significant Changes to the Laws of Iraq after the...
The Most Significant Changes to the laws of Iraq after the War in 2003. Iraqi laws have seen
constant changes. Many old laws have been replaced by a new legislation, and other laws have been
amended; first by the US Civil Administrator Paul Bremer, and later by the government of Iraq. And
this happened after the fall of Saddam Hussain`s regime and the occupation of Iraq by the American
and the British forces on 9th April 2003. Paul Bremer issued more than 100 laws and regulations
within–one year changing and repealing long established civil and commercial laws. And most of
these laws are not devoid of interest. The U.S. preference at the expense of the Iraqis and their
national sovereignty the most important is the investment law and corporate law. Then it exempt
companies from providing capital to run their branches and this (Capital) resource strengthens of the
national economy and national income and other measures were useful in the old law. Not only that,
but it has canceled many of the articles in the penal code and has replaced it with other laws, as well
as in criminal law and personal status law and other laws. One of the most significant foreign
personnel are exempted from Iraqi jurisdiction , from Iraqi civil and penal laws. This Order applies
to all civil and military personnel of the Authority, Foreign Liaison Missions, as well as all non–
Iraqi personnel of contractors and sub–contractors supplying goods or services to or on

International Law
The Role of an Individual in International Law
Student`s name:
Institution of Learning:
The Role of an Individual in International Law At a glance, one may assume that individuals do not
play a significant role in international law. International law may seem too broad to encompass
individuals in any society. This is because that international law has no jurisdiction. It applies
regardless of the local jurisdiction sometimes even overriding local legislation. Courts may use
international law to pass judgement on tricky cases. However, individuals play a significant role in
international law. International law focuses mainly on the individual. It ensures that individuals get
justice mostly in situations when the national legislation ... Show more content on Helpwriting.net ...
What is critical to note is that state sovereignty is far much different from individual sovereignty.
State sovereignty is more concerned with the formation of a state after the struggle for
independence, while individual sovereignty is a result of struggles for recognition of various human
rights of individuals, whether nationally or internationally. Therefore, individual sovereignty leads
to respect and recognition of the individual, which is the fundamental maxim of any modern day
society. Legal positivism has various features that are critical in any legal system that forms its basis
on the rule of law. However, law – especially – international law is not static, complete or
unequivocal. The law keeps undergoing changes to enable it fulfil the social function of the
community. The modern day international legal order has a system of values that have the backing
of majority sovereign states. Treaties like the Universal Declaration of Human Rights, UN Charter,
and other treaties for peaceful resolution of disputes express the system of values of international
law.[5] However, it is essential to note that international law is not the source of these values.
International law has incorporated these values for the assurance of the treaties. Principals of
humanity and justice form the foundation of the entire legal system. Elementary considerations of
justice form the echelon of

Legal Studies Essay- the Role of the Nation State in...
A) Explain the role of nation states in achieving World Order.
World Order is a necessity in modern day society, for if it did not exist we would be faced with
international anarchy. A nation state acts individually, therefore meaning that it can either choose to
embrace Human Rights and international laws, or ignore them.
World Order is known as being the creation of global relationships and maintenance of world peace.
It also governs the relationships between nation states and other global participants.
World Order exists so that world conflict and global destruction doesn't. Not only this, but World
Order works through relations between countries, meaning that no nation state will stand alone,
hence global issues such as ... Show more content on Helpwriting.net ...
A government sends delegates to represent them at conferences and/or meetings of international
organizations. Only when a nation state agrees to the conditions and agrees to abide by the terms set
out in the treaty are they eligible to sign it. By becoming a signatory it is then necessary to
implement those conditions into legislation and law to be adhered to within that signatories land.
In order to ratify these laws it must then go through the parliamentary process so that it can become
an enforceable law. An advantage of nation states is that from the UN, the two covenants of the
International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on
Economic, Social and Cultural Rights (ICESCR) 1966, allow for countries that are democratic to be
accounted for, but also for countries such as China that are not democratic to be covered as well. For
example in Australia, our sovereignty is used to enhance World Order. It is done so through
becoming a signatory of the covenant, and then ratifying this covenant in order to turn it into
domestic law. Australia also supports the International Criminal Court (ICC), and participates in UN
Peacekeeping, which further enhances World Order through promoting global peace.
The Australian Federal Government (AFP) uses its powers to support the UN by using its political
power to sign off on treaties, and supports World Peace internally

United Law Of Public International Law
Report to International Law First concerning the fear that the concept of state sovereignty in public
international law is frequently overlooked by politicians, the media and others. Introduction.
International Law First has asked for a report concerning the impact of public international law on
the concept of state sovereignty in the UK. This report will examine the limits that public
international law imposes on state sovereignty and the effect that this has on the balance of power
within the UK and internationally. This report will explain how state sovereignty is impacted by
public international law and the way in which public international law is incorporated into the UK's
domestic law. A conclusion will be reached as to the level of impact that public international law has
on the UK's state sovereignty and the necessity of this impact for the successful functioning of the
UK within the international community. Incorporation of public international law into UK domestic
law. Unlike many European states the UK operates a dualist approach to the incorporation of public
international law into domestic law. In dualist systems the ratification of international treaties by the
government does not have any effect on domestic law until the treaties are given effect by further
legislation. In the light of a dualist approach UK laws can only be created by Acts of Parliament.
Furthermore, the Constitutional Reform Act 2010 introduced legislation enabling Parliament to

The Criminal Justice System : A Diverse System Used Around...
The criminal justice system is a diverse system used around the globe. When in consideration of
what the definition of the Criminal Justice system which is a law enforcement that is directly
involved in apprehending, prosecuting, defending, sentencing, and punishing those who are
suspected or convicted of criminal offenses ("criminal justice system: definition of criminal justice
system in Oxford dictionary (American English) (US)," n.d.). Here have been many historical events
that have led up to today's way of handling the criminal trends. So many factors come into play. In
order to control or make order of society you need laws and guidelines within the country and as
well amongst the international countries. Internationally the criminal justice system is very complex;
you have other countries religion, economy, social and humanity issues as well as jurisdiction
issues. There have been many politically personal that have evaluated the past, current and future
trends in crime globally. They have written books, papers and blogs on the internet as well with their
thoughts and ideas along with the documented information for their thoughts. As the article
"Preparing for the Future: Criminal Justice in 2040" that Nancy Ritter prepared states that Chris
Stone shares his prediction of the global trends. Ritters article she states that "Chris Stone predicts
that global trends will play a significant role in how criminal justice is delivered throughout the
world in 2040. Stone

Un Convention Against Torture And Part II Of The 1949...
Sponsor: France Committee: 6th Legal Topic: Enhanced Interrogation The General Assembly,
Recognizing the inhumane use of both physical and psychological torture and a means of enhanced
interrogation, Believing that mildly enhanced interrogation is an effective means of convicting
criminals only if it is used in a humane way, Bearing in mind that every suspect of a crime is
innocent until proven guilty, Declaring that no criminal case is ever justified in utilizing torture as a
form of enhanced interrogation, Emphasizing the fact that enhanced interrogation escalates to
torture due to a lack of monitoring in detainment centers, Taking into account the undistinguished
threshold between enhanced interrogation and torture, In agreement ... Show more content on
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Emphasizes the need for monitoring within detainment facilities: a. carried out by surveillance
cameras, b. ensured by regular UN sponsored inspections; 5. Directs an impartial investigation of a
detainment center: a. within thirty days of a report of possible torture, b. carried out by INTERPOL;
6. Requests the use of a team of psychologists to determine the interrogation techniques that cause
serious physical or psychological harm: a. to maintain the jurisdiction of international law as new
techniques develop, b. so that the use of these techniques may warrant an investigation, c. to allow
the continuation of humane, yet effective forms of enhanced interrogation; 7. Enforces regulated
training and monitoring with the use of: a. monetary incentives, b. potential economic sanctions for
the refusal to cooperate; 8. Designates an anonymous tipping system to: a. collect inside knowledge
of detainment centers worldwide, b. give former detainees and officers an opportunity to report the
offenses of these centers without revealing their identity; 9. Encourages the collaboration of member
states in order to standardize detainment centers worldwide through: a. a biannual conference for the
purpose of discussing the regulation of detainment centers, b. communication between nations for
the process of organizing trials and extraditions. Sponsor: France Committee: 6th Legal Topic:
International

Global Perspective Assessment Essay
Global Perspectives Assessment
Name
Course Number
Date
Instructor
Global Perspectives Assessment
In the modern world, on the basis of the recent changes that exist as a result of the exchange of
information, transportation, and the trade in goods and sales, crime has become a demand–driven
global phenomenon. In view of the situation, the sociological study of crime that covers resourceful
information over criminals and the punishment of criminals must become global in its scope. The
aforementioned coveys that comparative criminology, the international study of crime, should be
considered when weighing the pros and cons of a situation before making a decision, and not
regarded as a separate subject. Based upon this assumption, this ... Show more content on
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To that purpose, many countries make use of practical applications of the legal systems develop
mixtures of common law and other forms of law.
Technology in the Criminal Justice Environment
Technology has enhanced within the years into solving complex crimes using efficient techniques or
tools conducted by a special task force to protect against possible undesirable events. For example,
cyber–crime is through the use of computers and information systems that potentially access
another's computer without authorization that may have a corruptive effect, especially on the mind
downloading illegal material used for personal gain emphasizing necessity. However, the
technological communication efforts are databases built to conduct special task force assessments to
stay current with the ongoing criminal activities that develop the usage of the technological
information systems without authorization. These databases affect the communicating of
information in a way to move faster and efficiently to conduct the arrest of a suspect, to obtain
warrants, and to locate a criminal. In addition, the databases provide factual information to conduct
further investigations and apprehensions helping the worldwide justice system to become more
effective giving those faster results by means of communicating through the new innovative
database technological systems. The cyber–crime unit will conduct an extensive investigation
through the usage of the new

Standards And Norms Of Juvenile Justice System
Chapter – Two Literature review I. Part – one : International and regional Standards and Norms of
Juvenile Justice 2. Juvenile Justice framework 2.1. The general concepts of Juvenile Justice system
A Juvenile Justice System encompasses legislation, norms, standards, guidelines, policies,
procedures, mechanisms, provisions, institutions and bodies specifically applicable to children in
conflict with the law who are over the age of criminal responsibility. It is the involvement of a
combination of varies governmental and non–governmental bodies, agencies, departments,
organizations and institutions; such as police, prosecutors, lawyers, judiciary, social welfare bodies,
educational institutions, probation services, detention facilities, community–based non–
governmental organizations and so on. A comprehensive juvenile justice system may not exist in
every country. 2.2. Standards and norms of juvenile justice 2.2.1. ... Show more content on
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Juvenile courts also need to be established either as separate units or as part of existing regional or
district courts, for specialized services. States should establish a 'child–sensitive' environment to
promote friendly communication and to draw the child into the process/proceeding more effectively
as an active participant. And states are recommended to appoint specialized judges or magistrates to
deal with juvenile case. Article 40(3) of the CRC recommends the establishment and development
of child–specific laws, procedures, regulations, and guidelines, codes of practice, authorities and
institutions applicable for children. As a result, states legislation should provide specialized
children's units, which is comprehended with the special units of police, prosecutor's office, court
administration, social services and probation

The Justice Cascade Summary
Human rights believers agree that the Universal Declaration of Human Rights is still a daydream,
because of the violations that occur in every part of the world. For centuries, states and state officials
were largely safe from prosecution for human rights violations in domestic and foreign courts.
Recently this has changed, by us witnessing former or current heads of state being brought before
several national and international courts or trials. In this study, Sikkink tracks and explains this truly
extraordinary shift in international legal standards and practices. It is an inspiring story she calls a
"Justice Cascade". Sikkink's book, The Justice Cascade, provides a personal and historical view on
human rights prosecutions in international politics. Sikkink shows us what transitional justice is and
the effects of the developing accountability norm on state behavior. In the beginning of the book, ...
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Many trails in the beginning stages were isolated and overlooked, simply not having an international
impact, while others had an effect that was felt across South America. The Portugal, Greece, and
Argentina trails were prosecutions that were highly exposed, changing expectations of prosecutions,
and likely encouraged the community to demand justice.
She mainly talks about the spread of individual accountability across regions but mostly across the
globe. Sikkink focuses on the buildup to develop norms and institutions to combat human rights
violations which ultimately formed the International Criminal Court. Human rights laws,
Humanitarian laws, and International Criminal Laws, affected accountability for criminals and
reimbursements for victims. In the 1990's, international prosecutions were developing rapidly while
domestic and foreign prosecutions continued to play an important role in the justice

International Criminal Law And International Law
Introduction:
International Criminal Law can be described as a public international law. It deals with international
and transnational crimes among the member states. The International Criminal Laws are designed to
forbid some kinds of conducts or behaviours generally viewed as very consequential atrocities.
These laws also make sure that the perpetrators of such heinous criminal conducts are accountable
for their acts. Mainly, the International Criminal Law deals with war crimes, genocide, crimes of
aggression and the crimes against humanity. Besides, the International Criminal Court (ICC)
governed by the Rome Statute, which is a multilateral treaty and serves as a foundational and
governing document of ICC. Another way, it can be described as an intergovernmental organisation
and international tribunal. The ICC is the headway through which International criminal law
develops since its inception. It is situated in The Hague in Netherlands. Currently, there are 122
states which are parties to the Rome Statute, by ratifying the Rome Statute, states become member
states of the ICC. The International Criminal Law (ICL) has been started performing with
Nuremberg Tribunal for War Criminals after 1945. Actually, the Nuremberg and Tokyo trials
addressed war crimes, crimes against peace, and crimes against humanity committed during the
Second World War@. The International Military Tribunal sat in Nuremberg, which prosecuted
Germany perpetrators while the International Military

Legal Corruption In Nigeria
Hence, the ICC remains central to this discourse and by its scope, prosecutes individuals, not groups
or States, which makes it ideal for the thesis arguments. 'Any individual who is alleged to have
committed crimes within the jurisdiction of the ICC may be brought before the ICC. In fact, the
Office of the Prosecutor's prosecutorial policy is to focus on those who, having regard to the
evidence gathered, bear the greatest responsibility for the crimes, and does not take into account any
official position that may be held by the alleged perpetrators'. Thus, the ICC extends no immunity to
any individual whether in political authority or not (Article 27 (2). The absence of any immunity
clause adds to a great extent, to the credibility of ... Show more content on Helpwriting.net ...
It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons
for the most serious crimes of international concern, as referred to in this Statute, and shall be
complementary to national criminal jurisdictions. The jurisdiction and functioning of the Court shall
be governed by the provisions of this Statute. Thus, the ICC remains an international criminal court
consisting of judicial, prosecutorial and administrative arms. The clear demarcation of the duties and
functions of each department in the ICC has ensured continuity within ICC. It has also provided for
checks and balances as well as separation of powers. The IMT lacked these administrative
provisions as it was established as an interim measure. In addition, other facts distinguishing the
ICC from the IMT, for instance, article 4 of the Rome Statute ascribes the statute of international
legal personality to the ICC conforming to its permanent and global jurisdiction. The ICC has an
appeals procedure as mirrored in article 81 and 82 but this was not the case with the IMT. The
defendants in the IMT were already in custody while in the ICC, the contrary is the case as State
parties are required to arrest and

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