Sample Essay on:
International Criminal Court, International ad hoc Tribunals v. National Legal Systems

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Essay / Research Paper Abstract

This 12 page paper considers the role of the ICC and considers whether the ICC or the national courts are the best place for the procession of those accused of heinous crimes such as genocide. The ICC and the national courts are compared and theoretically and with the use of example application of the law in each arena. The bibliography cites 10 sources.

Page Count:

12 pages (~225 words per page)

File: TS14_TEinterICC.rtf

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Unformatted sample text from the term paper:

crimes, such as genocide and war crimes. The ICC was established as a permanent international court with a treaty signed in Rome in 1998, the treaty entered into force on the 1st of July 2002, prior to this for the trial of international crimes there have been the setting up of international tribunals, such as those used to deal with the crimes and the individuals that committed them have taken place in Rwanda and the former Yugoslavia. The setting up of the ICC was a move that was the realization of a long term aspirations for the United Nations, which had realized the need for international courts to deal with these larger issues. The foundations of the idea may be based in the courts at Nuremberg and Tokyo where trials took place after the Second World War, but the concept of the ICC is far beyond trials that were in these early international courts. Kofi Anan said of the ICC that is was "Our hope is that, by punishing the guilty, the ICC will bring some comfort to the surviving victims and to the communities that have been targeted. More important, we hope it will deter future war criminals, and bring nearer the day when no ruler, no State, no junta and no army anywhere will be able to abuse human rights with impunity." (United Nations, 2002). Therefore, this is a very visible court and as with many arguments regarding the function of law, it is not only used as a punishment, but also as a deterrent. It is in this context that there may be an argument for the use of the ICC over and above local the national jurisdiction that arguably, would have first call on the crimes. The usual approach for determining national ...

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