ATAR Notes: Forum
HSC Stuff => HSC Humanities Stuff => HSC Subjects + Help => HSC Legal Studies => Topic started by: shelby.bc on July 23, 2018, 07:50:15 pm
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Hey guys,
Just wondering if anyone has a table on the pros and cons arguments for the ICC?
Would appreicate soooo much :)
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Hey guys,
Just wondering if anyone has a table on the pros and cons arguments for the ICC?
Would appreicate soooo much :)
Hey!
I don't necessarily have a table, but I have these points on the effectiveness and ineffectiveness of the ICC
Effective:
* 23 countries signed/ratified
* ICC is a permanent court
* Court of last resort is a presumed perpetrator’s country of citizenship refuses to prosecute or is structurally unable to mount a fair trial
* 12 years since its establishment
Ineffectiveness:
* Slow and expensive - only completed 2 trials from 2002 to 2014
* Under Rome Statute, the ICC can only investigate and prosecute the 4 core international crimes where states are ‘unable’ and ‘unwilling’ to do themselves
* Doesn’t replace domestic courts - is a court of last resort
* Support for ICC is not universal - China, India, Sudan, Russia, USA haven't signed the Rome Statute
* Enforcement is difficulty - relies on states cooperation from international community
* Only has jurisdiction for crimes committed since 2002 where:
* Accused is a national of a member state of the treaty
* Alleged crime occurred in the territory of a member state
* Situation is referred to the ICCC by the UNSC or a party to the statute
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Thank you so much!
SO helpful, actual lifesaver! ;D
Hey!
I don't necessarily have a table, but I have these points on the effectiveness and ineffectiveness of the ICC
Effective:
* 23 countries signed/ratified
* ICC is a permanent court
* Court of last resort is a presumed perpetrator’s country of citizenship refuses to prosecute or is structurally unable to mount a fair trial
* 12 years since its establishment
Ineffectiveness:
* Slow and expensive - only completed 2 trials from 2002 to 2014
* Under Rome Statute, the ICC can only investigate and prosecute the 4 core international crimes where states are ‘unable’ and ‘unwilling’ to do themselves
* Doesn’t replace domestic courts - is a court of last resort
* Support for ICC is not universal - China, India, Sudan, Russia, USA haven't signed the Rome Statute
* Enforcement is difficulty - relies on states cooperation from international community
* Only has jurisdiction for crimes committed since 2002 where:
* Accused is a national of a member state of the treaty
* Alleged crime occurred in the territory of a member state
* Situation is referred to the ICCC by the UNSC or a party to the statute
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thats a really good list for ICC but i just thought up a few more positives so if anyone needs them here ya go
-Case of Thomas Lubango: He used child soldiers and was effectively sentenced and imprisoned
-Sends a powerful message that breaches of HR will not be left unpunished