International Criminal Law in the International Court of Justice

International Criminal Law in the International Court of Justice

Table of Contents
Introduction................................................................................................................................3
Main Body..................................................................................................................................3
Conclusion................................................................................................................................14
Reference..................................................................................................................................15

Introduction
The International Criminal Court is attributed to be the last resort for the prosecution, of the
various serious international crimes, which also includes the genocides, the various war
crimes, and the various crimes against humanities amongst others (Sadat and Carden, 2017).
The International Court of Justice was undertaken and established by the Rome Statute in the
year 1998, in the month of July. The court has begun the work on the 2003, after following
the truce of the various ad hoc tribunals in the year 1990s. This dealt with the crimes those
were committed by the former Yugoslavia and Rwanda. Following the various parameters
mentioned under the Rome Statute, the international court of justice has made significant
changes in bringing the global attention to the accountability. As per the analysis of Scharf,
(2017) it has caused the major setbacks with the various international crimes those continue
to proliferate, the obligation which have proven to be of utmost importance and the daunting
tasks those were associated with it and those which were further envisioned by the people
who established the court of law.
Main Body
Sources of Law
The international criminal court is also known as the intergovernmental organisation which
has its tribunal at The Hague at Netherlands. The ICC is entitled to allow the prosecution of
the various individuals in matters of crimes against the humanities, aggression, and many
other factors. It was essentially formulated to allow the various national judiciary systems
take complementary support from it matters in matters of justice that they could not conduct
(Bassiouni and Schabas, 2016 ). They also conduct their respective duties when the United
Nations Security Council refer certain people to the court.
When the consideration of the sources of the international law is considered the organ those
are used for the application of the sources of the laws and the norms those are undertaken
from the body of the law shall also be considered. The prosecutions shall be undertaken by
the international criminal tribunals before the various national courts or by the hybrid
internationalised tribunals (Thirlway, 2019). The international tribunals shall have the liberty
to use the various international laws but the national tribunal does not.

There are mainly five sources of the International Criminal Law, which is a set of the public
international law and they primarily have a very dynamic relationship with each other. The
sources have been formulated using the international laws which have been contained in the
Statute of the International Court of Justice. The sources correlate to the various international
conventions which establish the rules for the various states. The customs of the international
points which would give evidence to the practices of the laws, the principles those were
recognised by the various civilised nations and the decisions of the judicial mandate those
were passed by the nations (Besson and d'Aspremont, 2017). The sources those are included
in the International Criminal Law are the:
 Treaty Law
 Customary International Law (Custom, Customary Law)
 General Principles of Law
 Judicial Decisions
 Learned Writings
Treaty Law
The various treaties are in the form of the agreements those are the means of the creation of
the rights and various obligations which exist between the states. The treaties might be
created to protect the various individuals. As per the study of Cameron (2017), the
International Criminal Laws have various sources, which can include the breach of the
provisions of the 1949 conventions of the Genocide Conventions. The other Conventions are
the: Rome Statute of the International Criminal Court Convention for the Protection of the Human Rights and the Fundamental Freedom
(this is essentially the European Convention of the Human Rights) Pact on Security, Stability and Development of the Great Lakes Region Convention against the Torture and other cruel, Inhuman or Degrading Treatment or
Punishment 1977 Additional Protocol II to the Geneva Convention (AP II)
The various jurisdictions which have been ratified due to the state of the relevancy for the
direct sources of the law, which would serve the purpose of the interpretation of the laws
those, are applicable. The Statute of the International Court of Treaty, which have been