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Essay On International Criminal Court

1095 Words5 Pages

In order to enhance and bring to fruition the modern, Kantian model of international communisty, International Criminal Court is formed. The international criminal court is the first permanent, general, future oriented court that is based on the general principle of law equality before the law, equal law for all’ and is not imposed by powerful states, or by Security Council. Hence, it is established as a permanent truly international court to respond to the most serious international crimes and to overcome the limitations of the ad hoc tribunal. Besides, it serves as a practical and symbolic articulation of the scheme and a powerful push to its full realization. International Criminal Court plays an important role in reducing impunity and upholding the rule of law. It acts as a criminal court, watchdog court, world security court, reparations court and law maker. In our discussion, we will discuss in details of the role of ICC.
It is an undisputed fact that ICC acted as a criminal court. In the Declaration adopted at the meeting, States recognized "the role of the International Criminal Court in a multilateral system that aims to end impunity and establish the rule of law”. Having the role as criminal court, it acts on the individual level and communicates vis-a-vis each and every human being as address of the international criminal law …show more content…

By referring to the historical background of ICC, it is established for the purpose of complimentary and this complimentary principle has indirectly forced the states to comply with their international obligation to involve in investigation, prosecute and to punish the offender of international crimes. Failure to do so amounts to failure to perform their international obligation which would then be condemned by other states and international community. By supervening the act of national courts, impunity would reduce gradually and as a result, preventing the occurring of international

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I. INTRODUCTION On 8th August, 1945, shortly after the end of World War II in May of 1945, the Allied governments entered into a joint agreement establishing the International Military Tribunal for the purpose of trying those responsible for the war atrocities. Whereas some 5,000 Nazi’s were charged with war crimes, the Nuremberg trials were designed specifically to prosecute high ranking Nazi officials with whom the authority for the commission of heinous atrocities rested. The Nuremberg Trials would therefore be marked in history as one of its kind.

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Regarding the war crimes, this principle was known gradually as customary international law and has been recognized in the code lieber and directives of Oxford and it has been repeated later in the treaties of international humanitarian law. According to the constitutions of the International Military Tribunals at Nuremberg and Tokyo and so on, individual criminal responsibility for war crimes was considered as the basis of prosecutions. And many of the suspects of war crimes were tried on the basis of the principle. The given principle was also approved based on the official statements and the reported procedures and has been referred in many Security Council resolutions and has been known as a customary rule of applicable international law in the states '

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