International and Comparative Criminal Justice Literature Review

This literature review examines international and comparative criminal justice, focusing on the International Criminal Court (ICC) and its impact, particularly within the context of Australian law. It explores the ICC's role in international criminal jurisdiction, its limitations, and the controversies surrounding it, including the United States' stance on participation. The review analyzes the Australian Criminal Code's provisions against crimes against humanity and war crimes, and the potential for corporate accountability in international criminal activities. It discusses the importance of transparency and the right to information within international criminal proceedings, while also considering the challenges and legal issues faced by international criminal law, such as war crimes, crimes against humanity, and terrorism. The review draws on various sources to present a comprehensive overview of the subject, concluding with an emphasis on the importance of law and justice in regulating crimes within a country.

International and Comparative Criminal Justice

TABLE OF CONTENTS
LITREATURE REVIEW.....................................................................................................................3
REFERENCES.....................................................................................................................................5

LITREATURE REVIEW
Comparitive criminal justice is a part of the study of Criminal Justice that compares justice system
worlwide. Such studies are based on political and historical approaches.
As per the view of Ainley (2015), The International Criminal Cout is very vital part of Australian
legislation. Australia has played a keen role in creation and development of the international system
of the cfriminal law.ICC is the first permanent law for international court of criminal jurisdiction.
The main reason behind it was, In Australia comments have been published regarding , the
foundation of ICC, that it is fundamentally flawed. As per the article presented by Mary E. Hiscock,
have the mentioning regarding the rejection of United States in the participation of the operations
conducted by ICC. The main issue regarding this was US has refused the armed forces of the UN to
become the peacemakers within the country until and unless an agreement is signed which is based
upon the fact that forces of US are not liable before the functioning of the ICC. But while on the
other hand according to the Bosco (2016 )the ICC was one of the remarkable step forward in
international justice. It helps in reducing the misery and the horror of the atrocities that have been
perpetrated in our world. The crimes that are defined by ICC statute are the crimes that comes under
the law of Australia, while for examining the problem it has been passed that to prosecute under the
Statute in not one aspect of political control, decision to prosecute are the area of concern of
Prosecutor's Office of the ICC. As per the justice law of Australia, if any one is suspect of a crime
over there are various steps which are important to address as per the requirements by the law.
Under the Article 5 of the Rome statute, the ICC has jurisdiction over the crime of which are against
humanity, war related criminal attentions and crimes which are related to the aggression. As
mentioned in the article, Australia is the party to the Rome Statute and states it's commitment
towards the objectives implemented by the ICC. It was initiated to handle the criminal offenses of
the country. Since the establishment of the ICC, 21 cases out of 9 countries was investigated under
ICC.
Australian Prosecutor of Corporations for International Crimes: The Potential of the
Commonwealth Criminal Code, As mentioned by the Hiscock (2002), On July 1 2002 a new
provision against the legal action regarding crimes against humanity and war crimes are introduced
by the Australian Criminal Code. Under the criminal jurisdiction principle the main purpose of
creation of the law was enactments of the crimes within the context of the broader criminal code.
The finding of this law was, Australian Federal Police initiated a case against Anvil Mining
Limited, due to there involvement in the providing military offensive equipment in town of Kilwa
in the Democratic Republic of the Congo indicates that Australia, like many nations today. While on
the other hand Jo (2016 ), mentioned that legislation should provide warrants to the corporate who
are involved in international criminal activities. The main significance of this article was to outline
the application of the new Australian international crimes provisions to corporations and argues
that, if used appropriately, these will represent a positive development toward corporate
accountability. Comparatives in criminal justice study the four different types of societies, that are
folk-communal, urban commercial, urban industrial and bureaucratic. The study of the international
and comparative criminal justice is based upon the different criteria of punishments and their
significance with the attempted crimes.
International Criminal Courts and the Rights to Information, Transparency within the criminal
proceedings is very important in international human rights and the laws of international criminal
courts and tribunals, as per the article of Rose(2017),it is that fundamental right of the one and all
the other people to have information about the work which is conducted by the International judicial
institution, the main reason behind this was to ensure that whatever work is conducted it is
conducted in a right manner and rights of no individual is get hammered in a wrong way. While as
per the view of Stewart(2014 )states that it should totally depend upon the jurisdiction whether they

want to disclose the work or not, it must not be compulsory for them as relates this fact with the
freedom rights of the individual, the main purpose of the article was to provide full relevant
information regarding the proposals and measures that could be adopted to ensure full compliance
with the freedom of information guarantees. It has been seen that international criminal law is the
area of huge concern, offenses like war crimes or crimes that are against the humanity of the
individuals or torture and mainly terrorism cannot be declined. As long as legal measures are
concerned, the Journal of international criminal justice intends to lay stress upon the main legal and
practical problems currently faced by the country.
CONCLUSION
From the above assignment it can be concluded that law and justice are very crucial part of
the country, it is very important for any country to follow laws and regulations in order to regulate
all the working and crimes of that country. As per article 1, the introduction of ICC is very vital part
of the legislation, as it is the first court for the criminal justice. As per the article 2, the creation of
law was a provision against the crimes that are related to inhumanity or any other criminal activity
like terrorism, inhuman behavior of the one. And the last article lay emphasis on the rights of one
which are related to gain the information regarding the practices and work conducted by the
jurisdiction. This article lay stress on the facts that does general should have information regarding
the work done by the legal authorities. The main significance, of covering this articles is to lay
focus upon the implementations of the various laws and norms in the country.

REFERENCES
Books and Journals
Ainley, K., 2015. The Responsibility to Protect and the International Criminal Court: counteracting
the crisis. International Affairs. 91(1). pp.37-54.
Bosco, D., 2016. Palestine in The Hague: Justice, Geopolitics, and the International Criminal
Court. Global Governance: A Review of Multilateralism and International Organizations.
22(1). pp.155-171.
Hiscock, M.E., 2002. The International Criminal Court: What it means to Australia. The National
Legal Eagle. 8(2). p.5.
Jo, H., 2016. Can the International Criminal Court Deter Atrocity?. International Organization.
70(3). pp.443-475.
Rose, G., 2017. Australian Law to Combat Illegal Logging in Indonesia: A Gossamer Chain for
Transnational Enforcement of Environmental Law. Review of European, Comparative &
International Environmental Law. 26(2). pp.128-138.
Stewart, J.G., 2014. The turn to corporate criminal liability for international crimes: transcending
the alien tort statute. NYUJ Int'l L. & Pol. 47. p.121.