Should there be an International Criminal Court?

Should there be an International Criminal Court?


The international Criminal Court in The Hague is in news as the chief prosecutor withdrew severe charges of crimes against humanity imposed on president of Kenya. It highlighted the court's limits in pursuing powerful figures. The critics believe that the court is politicized and infringes in nations’ sovereignty. At the same time, the supporters’ call for more powers to make international criminal court an effective deterrent. So, what do you think? Should there be a powerful International Criminal Court?

Yes

- The past shows that the court is supported by a number of states and has even opened several investigations and completes several trials.

- The International Criminal Court is universal and eliminates the need of creating tribunal whenever anything wrong happens.

- The court functions in a politically constrained space and therefore, instead of blaming it for its shortcomings, it should be appreciated for its achievements.

- By prosecuting crimes of sexual violence and the recruitment of child soldiers, the International Criminal Court has indicated that the world detests such crimes.

- It is more important to take certain measures to strengthen I.C.C which will encourage global co-operation, fight against crimes and ensure international stability.

No

- The International Criminal Court's decision to dismiss the case against President of Kenya is the latest example that the court is a prisoner of politics rather than a institution for global justice.

- The International Criminal Courts arrest warrants against two main heads of states have not resulted in convictions or even trials. It is a huge setback for I.C.C.

- Since 2002, the I.C.C. has spent more than $1 billion. It works on a yearly budget of more than $ 100 million. It is a matter of concern as the trials completed doesn’t justify the amount spent.

- Till this time, The International Criminal Court has targeted African nations for its nine official investigations. The mere attention on one nation exemplifies the court’s weakness.

- It has no systematic enforcement mechanism with process deficiencies such as the admission of hearsay proof and testimony from unidentified witnesses.

- The US is not a participant in the I.C.C. and it is not all surprising why the leaders have been wary to embrace it.

Conclusion

The mandate of International Criminal Court is to wipe out impunity for the most offensive crimes related to the international community as a whole. It is an important but a difficult task. The court requires cooperation from states to work effectively. The road to end impunity for genocide and other crimes against humanity was never going to be smooth or short, and therefore the I.C.C. needs support, not condemnation from states.
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    Discussion

  • RE: Should there be an International Criminal Court? -Deepa Kaushik (12/15/14)
  • It is definitely a good idea to have an International Criminal Court to maintain the world peace and serenity and have a secure living throughout. The nation could be a super power or a small and weak one, but every nation should abide to the laws and regulations to have code of justice and this has to be maintained on a uniform platform. It is not possible to converge the regulations and laws throughout the world on a single platform, but we can definitely have a single entity to overlook the International affairs.

    The prevailing I.C.C. could have some shortcomings. Instead of spoiling our time in just expressing the failures, we need to try and implement some better ideas or procedures for providing justice in fast and honest manner. The International Court should definitely be the Supreme entity which should have the authority to summon or question anyone in case of suspicion. This should not be interfered with any dirty political play to hamper the justice.

    There is another major clause in the establishment of this International Criminal Court. Such a court needs to be given authority to function with unbounded sway. This could be possible only if all the nations throughout the world comes forward and accept to abide with the regulations. Precisely speaking, let us join hands to make this existing International Court as the best functioning judicial system which could contribute towards the harmony throughout the world.