ATS1282 Lecture Notes - International Military Tribunal For The Far East, International Criminal Court, Rome Statute Of The International Criminal Court
20 Jan 2017
School
Department
Course
Professor
Document Summary
First permanent, treaty based, international criminal court established to help end impurity for the perpetrators of the most serious of concern to the international community. E. g. genocide, war crimes, crimes against humanity, the crime of aggression. How it was created: 9 years of negotiations - 120 states adopted the rome statute, 4 more years before it entered into force ratification by 60 countries. Function: capacity to try people who are alleged to be individually criminally responsible for the commission of the gravest of international crimes and in doing so seeks to address lack of accountability. Critiques: inherent selectivity and politicisation of proceedings can t prosecute all defendants. Historical influences: prior to the establishment of the icc, a number of ad hoc international criminal law mechanisms operated with discrete judicial functions. These earlier mechanisms provided a rationale for the establishment of the icc and were helpful in crystallising earlier international criminal law concepts.
