Core Crimes
Genocide, crimes against humanity, aggression, and war crimes. These four core
crimes create individual liability under international law. Each of them is
prohibited, it is a jus cogens norm under customary international law. Those
crimes are mostly committed by state officials, which makes them bigger in
scale of atrocities, but jurisdiction of tribunals is not taking into account
immunities based on their official status. International criminal law “ICL”
developed to deal with crimes of the highest gravity, which means the most
serious crimes of concern to the international community as a whole and past
unimaginable atrocities that deeply shock the conscience of humanity. The
atrocities during the World War II pushed several countries like France, United
Kingdom to seek justice against people responsible for genocide, torture etc.
They established “International Military Tribunal” in the German city of
Nuremberg to try Nazi leaders within jurisdictions: crimes against peace, war
crimes, and crimes against humanity. The United Nations passed a resolution
affirming those principles recognized by IMT (Nuremberg Principles). ICL deals
with suppression of crime and it has some international content, it usually
emerges from customary international law. Today’s domestic criminal
practitioner need to follow international treaty norms and human rights
obligations, know how operate and implement international law norms. So what we
can say about the Transnational Criminal Law?
World War II it is just an example of people cruelty.
After that we have heard about fights in the former Yugoslavia which were aimed
even in civilian population. Also genocide against the Tutsi in Rwanda can be
noticed as a great failure of the civilized world. It is hard to believe but
people who took part in this violent acts can’t never take responsibility
before courts. We believe that national courts should be impartial, but can we
guarantee this? I totally agree that in this kind of extraordinary situations
those people should have trials before independent courts composed of
independent judges, without any influence of the state officials.
1 What do you think about international
courts in general?
2 Do you think that people should be
responsible for things that are not prohibited in their home countries?
3 Do you know any international
criminal cases or people who were convicted for their crimes?
Sources:
1) R. J. Currie, International and Transnational Criminal Law, Irwin Law
2010
2) http://www.icccpi.int/en_menus/icc/legal%20texts%20and%20tools/official%20journal/Pages/rome%20statute.aspx “Rome Statute”
2) http://www.icccpi.int/en_menus/icc/legal%20texts%20and%20tools/official%20journal/Pages/rome%20statute.aspx “Rome Statute”
1. I think that the establishment of international courts is right. Fight against crime is increasingly difficult and in some countries there are no provisions and penalties for certain types of crime. Some cases are too difficult for the national courts and they are no able for issued righteous judgment.
ReplyDelete2. Not really. I thint that people should be responsible for the serious crimes, such as genocide, crimes against humanity. Other crimes, such as tax crimes should be dealt with by national courts.
3. The cases of war crimes committed during World War II, which were conducted in Nuremberg.
Thank you for your comment. According to point 2 of your answer I need to say that presently tax crimes or cybercrimes mostly are not closed within the borders of single country. These crimes may involve several countries. So if we don't want to set international courts we should focus on close cooperation between those countries to eliminate these crimes.
Delete1. I absolutely agree wich Klaudia about the establishment of international courts. Some criminals have a deal with people from government, therefore they are not subject to court case, or they are completely acquitted. For me it is terrible when a man who rapes a woman or children or kills someone with extraordinary cruelty is acquitted in his country, because it has a lot of money and deals with the government, or protects him his religion. I hope that the establishment of international courts solves this problem.
ReplyDelete2. It depends on the type of crime. I think that type of crime like theft, taxes, embezzlement of public funds is a matter for national courts. The International court should deal with matters relating to genocide, rape and other very unpleasant things.
3. At this point I dont recall any case than the case in Nuremberg
.
DeleteI have similiar comment to point 2 as above. I agree that some crimes should be solved locally, but we need to remember that some crimes my affect several countries. That's why we need to decide to create special international courts for that kind of crimes or work on close cooperation between involved countries to fight againt those crimes.
I think that the idea international courts is right. Many countries has unnormalized law or courts are biased (rich people or politicians can affect for courts decision - it is horrible). In my opinion international courts must validate or reject controversial decision made by local courts. International courts must be out of reach politicians.
ReplyDeleteOn the other hand this type of institutions should judge in international, horrible events (wars, genocide etc.).
I am not fan of history, but I know about only Nuremberg process.
1. What do you think about international courts in general?
ReplyDeleteIt's good idea, because sometimes criminals are supported or even praised in their own country. In case of international courts there is also harder for bribery.
2. Do you think that people should be responsible for things that are not prohibited in their home countries?
I agree with Klaudia - people should be responsible for the serious crimes, such as genocide, crimes against humanity. Other crimes, such as tax crimes should be dealt with by national courts. Of course these less important crimes, should be resolved in accordance with the law of the country in which they were committed, not the one in which they were born.
3. Do you know any international criminal cases or people who were convicted for their crimes?
You can read about Yugoslav Wars. Mostly about Ratko Mladić, Radovan Karadžić or Slobodan Milošević. They are responsible primarily for war crimes, crimes against humanity and genocide.
1. Best if they were not there at all. Unfortunately, there are such situations where they are needed.
ReplyDelete2. It is hard question. If i've just made some website in poland. I don't think about law in other countries. But from what I know I can be held accountable. Even if website will be in polish.
3. The only thing that comes to my mind is Edward Snowden case. From what I know, He was not convicted for his crimes. He is currently on the territory of Russia. He received in this country political asylum
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Delete1. I think they are an important part of international justice system and it would be better if we have no reason to use them, but it's a good thing they are there.
ReplyDelete2. If an act is recognized as a crime and condemned by the vast majority of the international community then there's probably something wrong with the law that sees nothing wrong in it.
3. Slobodan Milosevic was accused of crimes in the former Yugoslavia and died in prison during the long trial.
1. I think that, they important- they can help in compliance and protect of human rights.
ReplyDelete2. Yes, but only when a crime hurt somebody. In the case ,where crimes based on harm others, tax fraud, or conspiracies against its country- it should be punishable.
3.I only know about Edward Snowden, never before I don't wonder about it.
Yep, I know history about Edward Snowden. He is very popular man :)
Delete1. What do you think about international courts in general?
ReplyDeleteI think it's a good initiative to international conflicts being judged by the international courts. That won't allow guilty people to avoid legal implications.
2. Do you think that people should be responsible for things that are not prohibited in their home countries?
In my opinion people who are guests in foreign country should fit their rules. First of all we should all respect human rights no metter where actually we're being located.
3. Do you know any international criminal cases or people who were convicted for their crimes?
As the most of us unfortunately I know only about Nuremberg trial.
1 What do you think about international courts in general?
ReplyDeleteI think this idea of international courts is very appropriative to fight with injustice on the world. Sometimes crimes are not able to be solved by courts in own country or even judges in national courts are bribed to solve the case on different conditions. Such international courts can help to fight against bribes.
2 Do you think that people should be responsible for things that are not prohibited in their home countries?
I think that people should judge by all bigger crimes like aggression, war, crimes against humanity. Any other smellers crimes should be rated by national courts.
3 Do you know any international criminal cases or people who were convicted for their crimes?
I don’t know any international criminal cases except the case in Nuremberg.
You are right. Larger crimes or crimes which affects more that one country should he heared by international courts. In my opinion, such trials could resolve many difficult cases that were buried in the local country courts.
Delete1. I think that international courts are needed. Like mentioned in the text – there are many cases which should be solved not internally, but externally. Reason to do this seems to be obvious. In this way we can cut any suspicion of dependence of court institution. In my opinion it should be a standard way of solving international problems which involve more than one country. We don’t have to look very far away to find examples of wrongly managed cases – like Smoleńsk. We have decided to lead our internal investigation. More than 6 years after accident happened we’re still not clear what happened, all of our arrangements are not in line with what Russian side claims. With each month we’re one step further from knowing the truth…
ReplyDelete2. If they committed ‘crime’ outside the territory of their home country, and this particular thing is prohibited – yes, they should be punished. It should be natural. By entering different country we have to be show respect. We’re guests, we have to obey certain rules, including law. Explanation that ‘it’s allowed in my country’ is not sufficient. If you walk in your shoes around your house – it’s fine, it’s your business. But doing the same thing when you’re invited to your friend is definitely not nice.
3. The obvious one is Nurember trial, but what also comes to my mind is Slobodan Milosevic, Ratko Mladić, Radovan Karadžić who were accused of crimes during Yugoslavian war.
I agree with you. The persons you have mentioned in point 3 are one of the most known criminals responsible for the cruelty during the conflict of former Yugoslawia.
Delete1 What do you think about international courts in general?
ReplyDeleteI think they do more harm then good and you can find many examples in history of Poland. Countries/governments have their own bussiness and they aren't altruistic. This kind of institutions can also be tricked into something.
2 Do you think that people should be responsible for things that are not prohibited in their home countries?
I don't know. There are probably some cases I'd say no. But there are probably some that I wouldn't be so sure.
3 Do you know any international criminal cases or people who were convicted for their crimes?
Best example is WWII.. there are lot of people convicted.. and ones that manage to escape and hide.
ReplyDelete2 Do you think that people should be responsible for things that are not prohibited in their home countries?
I think that if you going to another country, you have to follow this country law and rules. So if you are allowed to do something in your country, and you will do it in another country where it is prohibited, you have to be prepared to face the consequences of your actions.
3 Do you know any international criminal cases or people who were convicted for their crimes?
No, I don't know any examples.
1.What do you think about international courts in general?
ReplyDelete2.Do you think that people should be responsible for things that are not prohibited in their home countries?
3.Do you know any international criminal cases or people who were convicted for their crimes?
1. I think they are much needed since they kind of overwatch what others do and "guard" each other
2. Depends, but i think yes, if you go somewhere you are guest and you should behave and respect others customs and laws. You have to adjust to the place and situation not other way around.
3. Joseph Kony but i dont think hes caught, i think hes still at large. There was some fuss about the fact if hes even real tho :D