SlideShare a Scribd company logo
WAR
CRIMES IN
CRIMINAL
LAW
There is a general agreement that war crimes, due to the
severity of injuries inflicted on the basic civilizational values,
require fair but exemplary punishment. The horrors and
victims of wars abounding in contemporary human history
have developed awareness of the necessity of suppressing
the widespread culture of the impunity of war crimes that are
traditionally considered as "necessary" collateral phenomena
arising in armed conflicts (Armatta, 2010).
The Nurnberg trials after the Second World War and the
Holocaust were the outcome of the violent violations of the
elementary norms of humanity and then the increasingly
apparent aspiration of international communities to undergo
legal treatment and appropriate sanctions against interstate
and internal conflicts. This approach is also emphasized in the
Preamble to the Statute of the International Criminal Court,
which states that "the most serious criminal offenses the
international community concerned as a whole must not go
unpunished", that "the effective prosecution of their
perpetrators must be ensured by taking appropriate measures
at the national level and by strengthening international
cooperation, as well as that the states of the signatories are
"resolved to change the current practice of punishing the
perpetrators of these criminal offenses, thus contributing to
their prevention" (UN General Assembly, Rome Statute of the
International Criminal Court, 1998).
Antonio Cassese sees the overall purpose of international
criminal justice related to the issue of war crimes in the need
of "the international community's response to the rebellion",
namely to finding adequate legal responses of a grave
violation of international human dignity or humanitarian law
standards that reached the threshold when they became
international criminals". (Cassesse, 2005). Međunarodno
krivično pravo, Beogradski centar za ljudska prava, Beograd,
str. 6) Otherwise, as an unacceptable alternative, the
defendant's trial for committed offenses can only be "revenge
or forgetfulness".
Regarding the aforementioned view and, above all, the
retributive approach contemporary international criminal law is
developed into the matter of war crimes. With more or less
success, it strives to adjust the material and procedural rules
that address these civilizable unacceptable parts to their
weight and to establish appropriate criminal justice
mechanisms in the form of international and national formation
that will contribute in an effective way to the goals of punishing
and preventing this crime scene. Formation of the
International Criminal Court and adoption of the so-called
Rome Statute was a major step in that direction, though, as
they will be seen from later appearances, they are leaving
many current issues of application of international criminal and
humanitarian law open.
The significance of this subject matter lies in the above-
mentioned reasons of general character and, above all, in
the view that adequate material and procedural criminal law
is the correct way to abolish punishability and legally
inadequate treatment war crimes. The transition to a stable
democracy and the strengthening of the role of the law is not
possible without the introduction of justice and accountability
for war crimes through the key instrument of justice - war
crimes trials. It is, of course, a turning point from political
interpretation of the past to confront the facts established in
impartial, just and professional courts and on the basis of
indictments of highly professional prosecutors.
References
Armatta, J. (2010). Twilight of Impunity: The War Crimes
Trial of Slobodan Milosevic, Durham: Duke University Press.
Cassesse, A. (2005). International Criminal Law, Oxford:
OUP Oxford.
UN General Assembly, Rome Statute of the International
Criminal Court (last amended 2010), 17 July 1998, ISBN No.
92-9227-227-6

More Related Content

Similar to Criminal Law Essay Sample

Historic genesis or course work
Historic genesis or course workHistoric genesis or course work
Historic genesis or course work
davidhappy
 
Thirteenth UN Congress on Crime Prevention and Criminal Justice Doha 12-19 Ap...
Thirteenth UN Congress on Crime Prevention and Criminal Justice Doha 12-19 Ap...Thirteenth UN Congress on Crime Prevention and Criminal Justice Doha 12-19 Ap...
Thirteenth UN Congress on Crime Prevention and Criminal Justice Doha 12-19 Ap...
Dr Lendy Spires
 
throughACCESSIONtowardsJUSTICE_07
throughACCESSIONtowardsJUSTICE_07throughACCESSIONtowardsJUSTICE_07
throughACCESSIONtowardsJUSTICE_07
KRISTIAN TURKALJ
 
general-principles-of-criminal-law-icrc-eng.pdf
general-principles-of-criminal-law-icrc-eng.pdfgeneral-principles-of-criminal-law-icrc-eng.pdf
general-principles-of-criminal-law-icrc-eng.pdf
smritiraghuvanshi
 
In Raphael a Polish invented the.pdf
In Raphael a Polish invented the.pdfIn Raphael a Polish invented the.pdf
In Raphael a Polish invented the.pdf
bkbk37
 
Competing Of The Main Criminal Offense With That Of Criminal Products Laundering
Competing Of The Main Criminal Offense With That Of Criminal Products LaunderingCompeting Of The Main Criminal Offense With That Of Criminal Products Laundering
Competing Of The Main Criminal Offense With That Of Criminal Products Laundering
irjes
 
Successes and Challenges in Strengthening the Rule of Law to supporrt Sustain...
Successes and Challenges in Strengthening the Rule of Law to supporrt Sustain...Successes and Challenges in Strengthening the Rule of Law to supporrt Sustain...
Successes and Challenges in Strengthening the Rule of Law to supporrt Sustain...
Dr Lendy Spires
 
Success and challenges in implementing comprehensive crime prevention and cri...
Success and challenges in implementing comprehensive crime prevention and cri...Success and challenges in implementing comprehensive crime prevention and cri...
Success and challenges in implementing comprehensive crime prevention and cri...
Dr Lendy Spires
 
Intervention during the General Debate, 11th Session of the Assembly of State...
Intervention during the General Debate, 11th Session of the Assembly of State...Intervention during the General Debate, 11th Session of the Assembly of State...
Intervention during the General Debate, 11th Session of the Assembly of State...
Comisión Colombiana de Juristas
 
Peacebuilding and police reform in the New Europe: Lessons from Kosovo/Reform...
Peacebuilding and police reform in the New Europe: Lessons from Kosovo/Reform...Peacebuilding and police reform in the New Europe: Lessons from Kosovo/Reform...
Peacebuilding and police reform in the New Europe: Lessons from Kosovo/Reform...
Archivos de Criminología, Seguridad Privada y Criminalística
 
Torture_Victims_report_final_engl
Torture_Victims_report_final_englTorture_Victims_report_final_engl
Torture_Victims_report_final_engl
Koen Marquering
 
Human rights law review international recognition of victims’ rights
Human rights law review   international recognition of victims’ rightsHuman rights law review   international recognition of victims’ rights
Human rights law review international recognition of victims’ rights
marsyslawforall
 
Combating transnational organized crime through better international cooperation
Combating transnational organized crime through better international cooperationCombating transnational organized crime through better international cooperation
Combating transnational organized crime through better international cooperation
Dr Lendy Spires
 

Similar to Criminal Law Essay Sample (20)

Historic genesis or course work
Historic genesis or course workHistoric genesis or course work
Historic genesis or course work
 
LAW 2599 Criminal Law.docx
LAW 2599 Criminal Law.docxLAW 2599 Criminal Law.docx
LAW 2599 Criminal Law.docx
 
Thirteenth UN Congress on Crime Prevention and Criminal Justice Doha 12-19 Ap...
Thirteenth UN Congress on Crime Prevention and Criminal Justice Doha 12-19 Ap...Thirteenth UN Congress on Crime Prevention and Criminal Justice Doha 12-19 Ap...
Thirteenth UN Congress on Crime Prevention and Criminal Justice Doha 12-19 Ap...
 
throughACCESSIONtowardsJUSTICE_07
throughACCESSIONtowardsJUSTICE_07throughACCESSIONtowardsJUSTICE_07
throughACCESSIONtowardsJUSTICE_07
 
general-principles-of-criminal-law-icrc-eng.pdf
general-principles-of-criminal-law-icrc-eng.pdfgeneral-principles-of-criminal-law-icrc-eng.pdf
general-principles-of-criminal-law-icrc-eng.pdf
 
In Raphael a Polish invented the.pdf
In Raphael a Polish invented the.pdfIn Raphael a Polish invented the.pdf
In Raphael a Polish invented the.pdf
 
167731482 tadic-case-human-rights
167731482 tadic-case-human-rights167731482 tadic-case-human-rights
167731482 tadic-case-human-rights
 
The incorporation of the Rome Statute of the ICC into national law in South A...
The incorporation of the Rome Statute of the ICC into national law in South A...The incorporation of the Rome Statute of the ICC into national law in South A...
The incorporation of the Rome Statute of the ICC into national law in South A...
 
Competing Of The Main Criminal Offense With That Of Criminal Products Laundering
Competing Of The Main Criminal Offense With That Of Criminal Products LaunderingCompeting Of The Main Criminal Offense With That Of Criminal Products Laundering
Competing Of The Main Criminal Offense With That Of Criminal Products Laundering
 
Successes and Challenges in Strengthening the Rule of Law to supporrt Sustain...
Successes and Challenges in Strengthening the Rule of Law to supporrt Sustain...Successes and Challenges in Strengthening the Rule of Law to supporrt Sustain...
Successes and Challenges in Strengthening the Rule of Law to supporrt Sustain...
 
Success and challenges in implementing comprehensive crime prevention and cri...
Success and challenges in implementing comprehensive crime prevention and cri...Success and challenges in implementing comprehensive crime prevention and cri...
Success and challenges in implementing comprehensive crime prevention and cri...
 
Intervention during the General Debate, 11th Session of the Assembly of State...
Intervention during the General Debate, 11th Session of the Assembly of State...Intervention during the General Debate, 11th Session of the Assembly of State...
Intervention during the General Debate, 11th Session of the Assembly of State...
 
Peacebuilding and police reform in the New Europe: Lessons from Kosovo/Reform...
Peacebuilding and police reform in the New Europe: Lessons from Kosovo/Reform...Peacebuilding and police reform in the New Europe: Lessons from Kosovo/Reform...
Peacebuilding and police reform in the New Europe: Lessons from Kosovo/Reform...
 
Reforma la policía en la nueva europa
Reforma  la policía en la nueva europaReforma  la policía en la nueva europa
Reforma la policía en la nueva europa
 
Reforma la policía en la nueva europa
Reforma  la policía en la nueva europaReforma  la policía en la nueva europa
Reforma la policía en la nueva europa
 
ICL DEVELOPMENT.pptx
ICL DEVELOPMENT.pptxICL DEVELOPMENT.pptx
ICL DEVELOPMENT.pptx
 
Torture_Victims_report_final_engl
Torture_Victims_report_final_englTorture_Victims_report_final_engl
Torture_Victims_report_final_engl
 
Human rights law review international recognition of victims’ rights
Human rights law review   international recognition of victims’ rightsHuman rights law review   international recognition of victims’ rights
Human rights law review international recognition of victims’ rights
 
International criminal court against child kidnapping
  International criminal court against child kidnapping  International criminal court against child kidnapping
International criminal court against child kidnapping
 
Combating transnational organized crime through better international cooperation
Combating transnational organized crime through better international cooperationCombating transnational organized crime through better international cooperation
Combating transnational organized crime through better international cooperation
 

Recently uploaded

Accounting and finance exit exam 2016 E.C.pdf
Accounting and finance exit exam 2016 E.C.pdfAccounting and finance exit exam 2016 E.C.pdf
Accounting and finance exit exam 2016 E.C.pdf
YibeltalNibretu
 
Industrial Training Report- AKTU Industrial Training Report
Industrial Training Report- AKTU Industrial Training ReportIndustrial Training Report- AKTU Industrial Training Report
Industrial Training Report- AKTU Industrial Training Report
Avinash Rai
 
The Roman Empire A Historical Colossus.pdf
The Roman Empire A Historical Colossus.pdfThe Roman Empire A Historical Colossus.pdf
The Roman Empire A Historical Colossus.pdf
kaushalkr1407
 
Additional Benefits for Employee Website.pdf
Additional Benefits for Employee Website.pdfAdditional Benefits for Employee Website.pdf
Additional Benefits for Employee Website.pdf
joachimlavalley1
 

Recently uploaded (20)

Accounting and finance exit exam 2016 E.C.pdf
Accounting and finance exit exam 2016 E.C.pdfAccounting and finance exit exam 2016 E.C.pdf
Accounting and finance exit exam 2016 E.C.pdf
 
aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa
aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa
aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa
 
50 ĐỀ LUYỆN THI IOE LỚP 9 - NĂM HỌC 2022-2023 (CÓ LINK HÌNH, FILE AUDIO VÀ ĐÁ...
50 ĐỀ LUYỆN THI IOE LỚP 9 - NĂM HỌC 2022-2023 (CÓ LINK HÌNH, FILE AUDIO VÀ ĐÁ...50 ĐỀ LUYỆN THI IOE LỚP 9 - NĂM HỌC 2022-2023 (CÓ LINK HÌNH, FILE AUDIO VÀ ĐÁ...
50 ĐỀ LUYỆN THI IOE LỚP 9 - NĂM HỌC 2022-2023 (CÓ LINK HÌNH, FILE AUDIO VÀ ĐÁ...
 
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdf
Welcome to TechSoup   New Member Orientation and Q&A (May 2024).pdfWelcome to TechSoup   New Member Orientation and Q&A (May 2024).pdf
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdf
 
Overview on Edible Vaccine: Pros & Cons with Mechanism
Overview on Edible Vaccine: Pros & Cons with MechanismOverview on Edible Vaccine: Pros & Cons with Mechanism
Overview on Edible Vaccine: Pros & Cons with Mechanism
 
Jose-Rizal-and-Philippine-Nationalism-National-Symbol-2.pptx
Jose-Rizal-and-Philippine-Nationalism-National-Symbol-2.pptxJose-Rizal-and-Philippine-Nationalism-National-Symbol-2.pptx
Jose-Rizal-and-Philippine-Nationalism-National-Symbol-2.pptx
 
INU_CAPSTONEDESIGN_비밀번호486_업로드용 발표자료.pdf
INU_CAPSTONEDESIGN_비밀번호486_업로드용 발표자료.pdfINU_CAPSTONEDESIGN_비밀번호486_업로드용 발표자료.pdf
INU_CAPSTONEDESIGN_비밀번호486_업로드용 발표자료.pdf
 
B.ed spl. HI pdusu exam paper-2023-24.pdf
B.ed spl. HI pdusu exam paper-2023-24.pdfB.ed spl. HI pdusu exam paper-2023-24.pdf
B.ed spl. HI pdusu exam paper-2023-24.pdf
 
NLC-2024-Orientation-for-RO-SDO (1).pptx
NLC-2024-Orientation-for-RO-SDO (1).pptxNLC-2024-Orientation-for-RO-SDO (1).pptx
NLC-2024-Orientation-for-RO-SDO (1).pptx
 
Industrial Training Report- AKTU Industrial Training Report
Industrial Training Report- AKTU Industrial Training ReportIndustrial Training Report- AKTU Industrial Training Report
Industrial Training Report- AKTU Industrial Training Report
 
The Roman Empire A Historical Colossus.pdf
The Roman Empire A Historical Colossus.pdfThe Roman Empire A Historical Colossus.pdf
The Roman Empire A Historical Colossus.pdf
 
NCERT Solutions Power Sharing Class 10 Notes pdf
NCERT Solutions Power Sharing Class 10 Notes pdfNCERT Solutions Power Sharing Class 10 Notes pdf
NCERT Solutions Power Sharing Class 10 Notes pdf
 
Basic phrases for greeting and assisting costumers
Basic phrases for greeting and assisting costumersBasic phrases for greeting and assisting costumers
Basic phrases for greeting and assisting costumers
 
Sectors of the Indian Economy - Class 10 Study Notes pdf
Sectors of the Indian Economy - Class 10 Study Notes pdfSectors of the Indian Economy - Class 10 Study Notes pdf
Sectors of the Indian Economy - Class 10 Study Notes pdf
 
PART A. Introduction to Costumer Service
PART A. Introduction to Costumer ServicePART A. Introduction to Costumer Service
PART A. Introduction to Costumer Service
 
Benefits and Challenges of Using Open Educational Resources
Benefits and Challenges of Using Open Educational ResourcesBenefits and Challenges of Using Open Educational Resources
Benefits and Challenges of Using Open Educational Resources
 
Basic Civil Engineering Notes of Chapter-6, Topic- Ecosystem, Biodiversity G...
Basic Civil Engineering Notes of Chapter-6,  Topic- Ecosystem, Biodiversity G...Basic Civil Engineering Notes of Chapter-6,  Topic- Ecosystem, Biodiversity G...
Basic Civil Engineering Notes of Chapter-6, Topic- Ecosystem, Biodiversity G...
 
Matatag-Curriculum and the 21st Century Skills Presentation.pptx
Matatag-Curriculum and the 21st Century Skills Presentation.pptxMatatag-Curriculum and the 21st Century Skills Presentation.pptx
Matatag-Curriculum and the 21st Century Skills Presentation.pptx
 
Additional Benefits for Employee Website.pdf
Additional Benefits for Employee Website.pdfAdditional Benefits for Employee Website.pdf
Additional Benefits for Employee Website.pdf
 
How libraries can support authors with open access requirements for UKRI fund...
How libraries can support authors with open access requirements for UKRI fund...How libraries can support authors with open access requirements for UKRI fund...
How libraries can support authors with open access requirements for UKRI fund...
 

Criminal Law Essay Sample

  • 2. There is a general agreement that war crimes, due to the severity of injuries inflicted on the basic civilizational values, require fair but exemplary punishment. The horrors and victims of wars abounding in contemporary human history have developed awareness of the necessity of suppressing the widespread culture of the impunity of war crimes that are traditionally considered as "necessary" collateral phenomena arising in armed conflicts (Armatta, 2010). The Nurnberg trials after the Second World War and the Holocaust were the outcome of the violent violations of the elementary norms of humanity and then the increasingly apparent aspiration of international communities to undergo legal treatment and appropriate sanctions against interstate and internal conflicts. This approach is also emphasized in the Preamble to the Statute of the International Criminal Court, which states that "the most serious criminal offenses the international community concerned as a whole must not go unpunished", that "the effective prosecution of their perpetrators must be ensured by taking appropriate measures at the national level and by strengthening international cooperation, as well as that the states of the signatories are "resolved to change the current practice of punishing the perpetrators of these criminal offenses, thus contributing to their prevention" (UN General Assembly, Rome Statute of the International Criminal Court, 1998).
  • 3. Antonio Cassese sees the overall purpose of international criminal justice related to the issue of war crimes in the need of "the international community's response to the rebellion", namely to finding adequate legal responses of a grave violation of international human dignity or humanitarian law standards that reached the threshold when they became international criminals". (Cassesse, 2005). Međunarodno krivično pravo, Beogradski centar za ljudska prava, Beograd, str. 6) Otherwise, as an unacceptable alternative, the defendant's trial for committed offenses can only be "revenge or forgetfulness". Regarding the aforementioned view and, above all, the retributive approach contemporary international criminal law is developed into the matter of war crimes. With more or less success, it strives to adjust the material and procedural rules that address these civilizable unacceptable parts to their weight and to establish appropriate criminal justice mechanisms in the form of international and national formation that will contribute in an effective way to the goals of punishing and preventing this crime scene. Formation of the International Criminal Court and adoption of the so-called Rome Statute was a major step in that direction, though, as they will be seen from later appearances, they are leaving many current issues of application of international criminal and humanitarian law open.
  • 4. The significance of this subject matter lies in the above- mentioned reasons of general character and, above all, in the view that adequate material and procedural criminal law is the correct way to abolish punishability and legally inadequate treatment war crimes. The transition to a stable democracy and the strengthening of the role of the law is not possible without the introduction of justice and accountability for war crimes through the key instrument of justice - war crimes trials. It is, of course, a turning point from political interpretation of the past to confront the facts established in impartial, just and professional courts and on the basis of indictments of highly professional prosecutors. References Armatta, J. (2010). Twilight of Impunity: The War Crimes Trial of Slobodan Milosevic, Durham: Duke University Press. Cassesse, A. (2005). International Criminal Law, Oxford: OUP Oxford. UN General Assembly, Rome Statute of the International Criminal Court (last amended 2010), 17 July 1998, ISBN No. 92-9227-227-6