Article 53 In Criminal Justice

The understanding and applicability of post genocide reconciliation and transitional approaches has been a challenge over the years. The subject of which approach seems most applicable to one country or the other has been a debate, and in some cases, as these approaches have been a failure and resulted to the escalation of conflict in the process of providing solutions for restoration of peace. As the United Nations emphasised, in discussing the effectiveness of governance in restoring peace in conflict ridden countries, states that “[the] experience with post conflict reconstruction and recovery…for creating [and securing]…long term political stability… has changed over time as governments and external support organizations learned more about the complexities and challenges in crisis and post conflict countries” (United Nations Department of Economic and Social Affairs; United Nations Development Programme, 2007, p. 8). In this same manner, Helena Cobban (2007) engages in an ethnographic study of a comparative analysis on the post genocide solutions applied in Rwanda, South Africa and Mozambique - restorative justice: truth and reconciliation process; prosecution-based approach/retributive

To support my argument, I will first discuss the evolution of international criminal justice and the ICC. Then I will address my three subsidiary arguments. First, I will argue that the International Criminal Court is effective because it increases accountability of human rights violators. Secondly, I will argue that the existence and use of the court increases disapproval and deterrence which protects human rights making the ICC effective. Third, I will argue that the International Criminal Court is effective because it allows for a universal standard of acceptable and unacceptable behaviour as well as transcends and empowers national jurisdictions. Finally, I will address the counter argument and conclude.

under Article 48 sub-article two of FDRE criminal code a person is not responsible for his acts under the law when, owing to age, illness, abnormal delay in his development, deterioration of his mental faculties, a derangement or an abnormal or deficient condition or any other similar biological cause, he was incapable at the time of his act, of understanding the nature or consequences of his act, or of regulating his conduct according to such understanding. The Court may order in respect of an irresponsible person such suitable measures of treatment or protection as are provided by

this essay I will attempt to examine and analyse the effectiveness of international courts and

The International Criminal Court (ICC), created in 1998 (Thayer and Ibryamova 2010), is responsible for investigating and prosecuting the most extreme cases, including crimes against humanity, aggressive crimes, war crimes, and genocide. The credibility of this institution, however, has been compromised due to the United States revocation of support and membership. Initially it is important to recognize the arguments against the United States becoming a member state of the ICC and what precipitated the U.S. withdrawing its signature from the document that instituted the Court. Once this has been established, addressing and refuting these objections will develop the arguments in favor of ICC membership. Finally, this analysis will lead to

Crimes against the international community are a collection of offences that are recognised by the international community as being of universal concern. However the prosecution of crimes against the international community can be controversial. Such crimes may be committed in the context of military conflict. They may be highly politically motivated, or they may have been ordered or committed by the state itself. The establishment of the International Criminal Court (ICC) in 2002 was a significant development in the law of crimes against the international community. The independent international court established by the Rome Statute, acts as a last resort for crimes fitting into the three categories of genocide, crimes against humanity and war crimes. Due to Australia’s Dualistic system, both the War crimes Act

Civil wars commonly leave countries socially and politically devastated. As a way to rebuild many countries rely on transitional justice and a new tribunal system referred to as hybrid courts. We see this first in the case of East Timor and shortly followed by Sierra Leone. Each case experienced their own successes and shortcomings that led to a difference in overall perception of the court. This leads to the question, in what ways did the the challenges differ between the hybrid courts of Sierra Leone and East Timor, and how did this affect the perceived success of either case? Through an analysis of these differences, an understanding of how general perceptions have been constructed, one may gain a more worldwide view on transitional

The Rome statute of the international criminal court is a treaty that establishes the courts jurisdictions and regulations. Article 21 of the International Criminal Court is the first article to describe which laws and treaties will be applicable to the courts. Since there are many states that are participating in this treaty it becomes very difficult to have very specific laws and regulations for the court since there is a variety of situations that can happen. An important statement is that any international law must be consistent with the Statute before anything, thus giving the power to the ICC statute to be the starting point of any application of laws. The court has to respect the laws within the different states before trying to intervene

On October 12, 2016, the parliament of Burundi, a country located in the Eastern part of Africa voted to withdraw from the International Criminal Court (ICC) with a vote of 94 to 2. Weeks earlier, Gambia and South Africa announced their intention to withdraw from the ICC, and this wave of action by these three African nations has paved the way for other African nations to reassess if they wanted to still be part of the ICC. Since its establishment in 1998, the ICC has tried “criminals of war” mainly from African members-states. This treatment has raised a lot of concerns within African nations, and they are expressing themselves about the unfair treatments and bias towards them from the International Criminal Court by threatening to leave this longtime praised establishment..

The International Court of Justice (ICJ) is an important organ of the United Nations. Actually it is the UN's principal judicial arm used to foster international peace. It was established after the League of the Nation and its judicial organ the Permanent Court of International Justice (PCIJ) were dissolved after the Second World War, in 1946. Its main purpose is to support the UN (which was formed in 1945) in its endeavour in promoting international peace and law . Important to note is the fact that this court, although referred to in a non-technical context as the world court, does not automatically possess compulsory international jurisdiction. The treaty creating this court, referred to as the stature of international

The introduction of the ICC in 2002, given power by the Rome Statute, has been essential in upholding international obligations, with its power to open investigations into situations and ultimately prosecute. Although it strives to act as an independent body in ensuring international justice, its existence is essentially political .

The apartheid government in South Africa collapsed in 1994, but the new government in South Africa had to work through the question of dealing with the past in order to move forward. The critical question was: Should crimes against the victims of apartheid be punished? A country like Bosnia chose to prosecute the offenders through the establishment of formidable International Criminals tribunals, while South Africa on the other hand chose the approach of restorative justice and alternative dispute resolution through the establishment of the Truth and Reconciliation Committee (TRC). The purpose of this essay is to evaluate the different routes that South Africa and Bosnia have taken in their approaches to dealing with human rights violations and creating a better society. In that I am going to compare and contrast Bosnia and South Africa. The three aspects I am going to discuss are the method of Justice applied, type

When it dawned on the Kenyan government that the intervention of the ICC was real, the government though divided, immediately began pushing for the deferral of the investigations. On February 2011, in a memo titled “Kenya’s Reform Agenda and Engagement with the International Criminal Court (ICC)”, the Permanent Mission of the Republic of Kenya forwarded to all Permanent and Observer Missions to the United Nations regarding seeking to justify the government’s case for deferral ahead of any consideration of the matter by the UNSC. On 4th March 2011, the mission formally wrote to the President of the UNSC requesting under Article 16 for deferral of the investigation opened by OTP. However, as will be extensively discussed in chapter three of this study, this request was seen by some quarters as a ploy of shielding the alleged suspects against potential prosecution at the ICC.

The international criminal court needs to show that it is open and impartial in its role in the fight against impunity in the world not only in

African states have shown a strong commitment to putting an end to impunity for massive violations of humanitarian law. This commitment is shown first in domestic contexts in which African states have used their own criminal law systems to prosecute war criminals, in special tribunals such as that in Sierra Leone, and in African states ' well-established commitment to the international criminal Court. African countries have been actively involved in the establishment of the International Criminal Court and the Rome Statute more than 20 years ago, since negotiation started for the creation of the ICC. Among other African delegations,