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(solved) Assignment on Criminal Law

   

Added on  2020-04-29

10 Pages2416 Words64 Views
Running Head: Law 1Law

Law2 Introduction:The main aim of criminal law is to achieve the justice on behalf of the society which has beenvictimized, and on other hand international criminal law tries to achieve the justice in society buton larger scale. Everyone is affected when they see or hear that any crime is committed againstthe humanity or any genocide is occurring with an innocent men, women, and children and theyare being terrorized and destroyed. As criminal Courts of states enforce national criminal law and also attempt to achieve the justiceon behalf of the state, in same manner international criminal Court prosecute those persons whooffends the international criminal law for the purpose of bring peace and order in internationalcommunity. This paper analyzes the statement that “despite of its noble intentions, internationalcriminal justice is affected by the issues related to power and politics”. It must be noted that thisstatement is examined on the basis of development of international criminal justice, its aim, andits process (Henham, 2007). Structure of this essay includes development of international criminal justice in lieu ofNuremberg traits, aims of international criminal justice, and impact of power and politics on ICJ.Lastly, paper is concluded with brief conclusion. Development of the ICJ:Establishment of ICJ:There are number of International Courts and tribunals which had prosecuted international crimes since the establishment of the United Nations system in 1945. First tribunal set up by this system was the International Military Tribunal at Nuremberg, Germany, and this tribunal was established by treaty in August 1945 and one more international military tribunal was established

Law3in Tokyo, Japan. This tribunal was created in 1946 by the special proclamation of the Supreme Commander of Japan, U.S. General Douglas McArthur.Later, UN Security Council in the mid-1990s established International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal in Rwanda (ICTR). These tribunals were established after the happening of the human catastrophes which involved deliberative, large scale, and premeditated crimes in the Balkans and Central Africa. Subsequent aspect of hybrid and tribunals followed the concept of Yugoslavia and Rwanda, mandated to prosecute crimes at both domestic and international level. Almost four of these will considered as International Courts which includes the special court for Sierra Leone, and the extraordinary chambers in the Courts of Cambodia, the Special Tribunal for Lebanon, and the Special Panels of Dili, Timor-Leste.Additionally various domestic courts got the power to prosecute international law which includesthe Regulation 64 Panels in Kosovo and the War Crimes Chamber in Bosnia Herzegovina. All the experiments related to tribunals were considered as temporary and possessed limited temporal, territorial, and subject matter jurisdiction that initiated after the conclusion of conflict. This was not applicable in case of ICTY which was established when the conflict is still continued. After considering above facts, it is clear that these tribunals are different from the permanent international Court stated in The Hague, and their experience related to constructing an institution that resolved some of the more burdensome, lengthy, and expensive aspects of the ICTY and ICTR.The Nuremberg and Tokyo trials after the World War II, and this were considered as first attempt to criminalize the aggressive war and abuses against civilian populations. In the

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