The viability of the international court

By Richard Javad Heydarian Will the 21st-century global order be led primarily by might and military muscle or rights and norms? We may get an answer in the near future. The Philippines' quest for peacefully resolving territorial disputes in the South China Sea has entered a critical stage.

The viability of the international court

Share This Page International Criminal Court Much is ballyhooed on the international law stage with little practical effect on the day-to-day lives of citizens. Yet nation-states continue to send delegates and money to these international law-making organizations.

Except for those dealing with international trade, international law professors and international human rights activists, international law and most of its institutions are for the most part, just "sitting there", waiting for the real world to catch up to an environment where international law slowly displaces domestic law.

Amidst the cornucopia of international law there is one institution that is both long-overdue and, hopefully, a harbinger of the future: As with all international law and its institutions, without exception, the International Criminal Court is based on a treaty.

Japan joins in This attitude has attracted sharp rebuke from the international community as it suggests a two-tiered system: These types of growing pains, while worrisome, are typical but "necessary evils" of any permanent and effective international judicial body.


While in the short term it means that the ICC lacks a significant member, it does stimulate discussion and adjustment so vital in insuring the long-term viability of the ICC. In order to liberate mankind from such an odious scourge, international co-operation is required But the problems an international criminal court purports to address have been around since times immemorial.

The viability of the international court

A leader of men directs his army to overwhelm another people by force, usually to seek a financial or territorial advantage. In order to encourage submission or eliminate a backlash by those defeated, the victorious leader would utilize a variety of intimidation techniques: Just as law and justice have evolved within free and democratic societies, the post-war sequence of events that may have been accepted practice in ancient and medieval times, is no longer tolerated.

Today, this conduct has the quintessential name of war crime.

Advocating for full US support of the ICC

More recently, when armies that had committed war crimes were defeated, their directing minds would seek refuge within another state, thereby inaccessible to the domestic justice of either their home state or the state where the crime was committed, even if there was a willingness to prosecute.

In the decades following World War II, as Nazi atrocities particularly towards Jews, became known worldwide, so, too, was the horror universal and a popular desire to punish that type of conduct arose, which was considered an affront to standard rules of military engagement.

While international politicians toyed with the idea of an international criminal justice process, events soon added an element of urgency: Indeed, in three cases — NurembergYugoslavia and Rwanda — the international community simply did not wait for an ICC to get off the ground, and convened ad hoc tribunals for those specific war crimes.

A draft treaty for an ICC was developed by the United Nations and delegates convened at Rome in to consider and debate it. The then-Secretary General of the United Nations, Kofi Annan encouraged the plenary session with these inspiring words: That is the simple and soaring hope of this vision.submit this dispute to the International Court of Justice for resolution.

Statute of the International Court of Justice, art. 40, T.S. No. (). The parties signed said special agreement and submitted it to the Registrar of the Court on June 6, , and the Registrar addressed notification to . The International Court of Justice: Crisis and Reformation J.

Patrick Kellyt Introduction During the last two years the United States has taken several signifi-.

The viability of the international court

Beyond the Hague: The Challenges of International Justice Affirming the viability of international criminal mechanisms after a fifty-year hiatus, the permanent international court charged. The Court could appropriately confine the viability rule to the state interest the Court designed the rule to cover, a purely moral assessment of the value of unborn human life, and recognize different durational limits for the new state interests now permitted under Gonzales.

International Law in Action: A Guide to the International Courts and Tribunals in The Hague ratings International Law in Action explains the functions of each international court and tribunal present in The Hague, and it looks at how these institutions address contemporary problems.

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International Criminal Court