The Influence of Power and Politics on the ICJ and ICC

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Added on  2020/03/16

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This report investigates the influence of power and politics on the International Criminal Court (ICJ). It explores how political factors shape the court's decisions, the politicization of legal processes, and the impact of powerful states on international judicial institutions. The report examines the criticisms of the ICJ, including concerns about its self-perpetuating nature and the interference of political actors. It also references the relationship between law and politics within the international courts and tribunals, the challenges faced, and the need for courts to operate without undue influence. The report highlights the importance of accountability and a strong legal framework to ensure effective justice, while acknowledging the complexities of the relationship between law and politics in the international context.
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Running head: INFLUENCE OF POWERAND POLITICS ON ICC 1
Influence of power and politics on ICJ.
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INFLUENCE OF POWERAND POLITICS ON ICC 2
Influence of power and politics on ICJ.
In world affairs, International Criminal Justice has turned out to be a gradually significant
aspect. The International Criminal tribunals have conducted trials of heads of state of eight
countries during the past two decades. This field of international law deals with trials of
organizers of abuse of human rights and crucial crimes of war. The purpose of ICJ is to decide
disputes which can be submitted to a court and then the justice principles that are expressed in
rules of law can be used to determine those disputes.
The International Criminal Justice however faced challenges. The connection between
politics and law has led to many judicial process of selection being politicized and also the
political actors intrude in the legal process (Bosco 2013). There has been criticism on strong
states impacting the international judicial institutions by either opting out of their jurisdiction if
the rule does not favor them or by openly shaping the court’s configuration by themselves. This
act renders the rule irrelevant or warped. Also, the argument that tribunals and international
courts are self-perpetuating rigid institutions pursuing to apply a solution that is legal and pursue
expansion of their influence and power, to an extent of foregoing the achievement of their
underlying goals is also a criticism.
A global legal network that does not contain accountability, government structure and
enforcement cannot evade various problems. In addition, courts are not used responsibly or
competently by the states but rather the impending work of the court is interfered with for
political reasons (Crawford 2007). It is acknowledged, in international courts and tribunals there
is a relationship between law and politics. However, this causes one party to be misguided.
Courts should be strong to make judgments without any influence.
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INFLUENCE OF POWERAND POLITICS ON ICC 3
References
Bosco, D. (2013). Rough justice: The International Criminal Court in a world of power politics.
Oxford University Press.
Crawford, J., & Grant, T. (2007). International Court of Justice. In The Oxford Handbook on the
United Nations.
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