Monday, November 4, 2019

International criminal law Essay Example | Topics and Well Written Essays - 2500 words

International criminal law - Essay Example that has broken out in Asterixia since 1999, there is evidence existing that gross human rights violations have taken place - â€Å"crimes against humanity†6 or crimes committed within the context of a war situation. In assessing the criminal liability that will accrue upon the state of Asterixia, the provisions of various international conventions must be considered while criminal liability of President Killinger and General Nipochet could arise under the ICTY which has clearly spelt out the liabilities of a Commander for atrocities committed by subordinates and be adjudicated through the ICC. The term â€Å"crimes against humanity† was first coined after the massacre of the Armenians by the Turks in 19157 however all such diplomatic initiatives after World War I to â€Å"act on behalf of humanity† proved inconclusive8. The International Military tribunal at Nuremberg was criticized on the basis of it being equivalent to implement of justice by the victor9 however it was the first step to the setting up of an international forum to question State immunity in the case of international crimes.10 But as deGuzman points out, it was only after the establishment of the ad hoc tribunals at Yugoslavia in 1993 and Rwanda in 1994 that international justice has been activated11. The ICTY12 was authorized to bring to justice and prosecute those persons accused of crimes against humanity â€Å"when †¦.directed against any civilian population.†13 The ICTR on the other hand, came into being to tackle the heinous criminal activity generated by the Rwandan conflict13a – however both these tribunals have made it possible to try individuals for their crimes in an international criminal forum. The International criminal Court which came into being in 2002, has jurisdiction over nationals for crimes occurring on the territory of all states that have ratified the Rome Statute.14 Article 98(2) of the Rome Statute is specifically meant to protect against the ICC being used as a basis

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