The Problematics and Challenges of the International Criminal Court’ …
The Problematics and Challenges of the International Criminal Court’
there is only one person (the prosecutor) who can bring cases to the court
based on imprisoning the people who have taken part of wrong acts
"select judges" the judges are elected by member states
the judges could be linked to the state itself
judges decide whether case can be trialed
no mention of an over view guidline to keep the approval
arent able to even communicate with the witness until they come to court
"gets to meet their family"
"apart of the case"
bias due to being personally involved in the case
inability to hold a fair trial due to prior convictions
Course of use only for last resort
this can deem that the course prior the the ICC was unable to succeed in the job of fulfilling their job
But the prosecution also said it would be willing to cut the sentence to 20 years if Lubanga offered a "genuine apology" to victims of his crimes.
A man who abducted children and made them fight each other is allowed 20 years of his sentence with just an apology
Lubanga is an "intelligent and well educated" person, Fulford said,
adding that this was a relevant factor in finding him guilty.
The ICC has been criticised for focusing too heavily on war crimes in Africa and not the rest of the world.
many of the cases are from african states
which shows the inconsistencies that the ICC holds
the ICC said that they would prevent these cases from happening again but clearly there is an incosistincy within reinforcing this rule.
The ICC may never have had the total confidence of its members, primarily because every nation-state at the Rome Conference had a wildly different image of whom the court would go after and for what.
shows lack of understanding of what the organization is and what they do
Witnesses were not always honest with the court
the idea was voted a centuary before it finally became a reality
it is very confusing to see that they would prosecute an entire terrorist group
the prosecution of Al qaeda
the al qaeda is present in multiple states
only one known leader
hunders of people part of the terrorist organization
if a state is willing to prosecute then the ICC is not allowed to get involved
accusations of bias towards african countries
a global hegemonny aka the USA is absent in the list f states that have ratified the ICC
rules on disputes between governments but cannot prosecute individuals.
a whole states government is left responsible due to acts of an individual
leading to the main challenges of the legitamcy of the ICC itself
but then there was a seperate case of when people were prosecuted due to "specified cases
this shows inconsistincey within the court and the laws within