International criminal law research proposal paper
Category : Free Sample Research Proposal
The International Criminal Court came into existence on 1 July 2002. The new Court has jurisdiction over genocide, crimes against humanity and war crimes; but the Court can only try international crimes committed on or after 1 July 2002. Any national, from any of the more than eighty states that have ratified the Statute of the Court, can be a potential defendant before the new Court. In addition, the Court will have jurisdiction over crimes committed in state parties, even when perpetrated by nationals from states which have not become parties to the Statute. Only individuals can be tried in the new Court. It will not be possible to bring cases against states, nor there will be cases against political organizations or companies (Rosenne 2004). The new International Criminal Court's Statute includes accomplice liability not only for those who aid and abet, but also for those who otherwise assist. The complicity concept in the Statute is designed to cover those who act for the purpose of facilitating crimes. In any event, the Court can impose penalties that range from fines, a specific length of imprisonment, to life sentence. An attempt was made to limit the maximum sentence to 30 years' imprisonment, as many states were opposed to the principle of handing down life sentences. In the end, a compromise was reached which gives the Court the right to hand down a life sentence if the crime is deemed grave enough, but includes a clause stipulating a regular review procedure and the right to claim parole irrespective of where the sentence is served (Sands 2003). The proposed paper wants to determine if the international criminal court is a solution to international criminal justice or simply politics, having in mind the United Nations Security Council veto power. The paper wants to understand the concept of international criminal court.
Importance of the paper
The proposed paper will help in determining the benefits of the international criminal court. The proposed paper will analyze if the international criminal court would bring justice. The proposed paper will analyze if the international criminal court is only made for political purposes.
In the new court system all nation states will be able to demand exclusive jurisdiction for national prosecution before their own courts. At first sight, this probably seems like a huge defect in the Statute. But it may be that the principle of complementarity will create a new international legal order. In preparation for the entry into force of the Statute of the International Criminal Court, dozens of states around the world are considering national legislation to enable them not only to surrender suspects to the new Court, but also to assert jurisdiction over various categories of individuals accused of genocide, crimes against humanity and war crimes. This is partly self-interested. Without such legislation it may be impossible for a government to reclaim a case for trial at the national level. But the passage of such legislation has led to a flurry of activity with regard to possible national trials for war crimes and crimes against humanity (Light & Smith 2001). The complementarity at the heart of the Statute has generated a complementary transnational legal order for the prosecution of international crimes. Attempts to establish an international criminal court had run into the sands and were widely seen as utopian. International criminal law had developed in a different direction, and the enforcement of crimes which were inherently international in character or context had been almost entirely ineffective. An international criminal court would have to be seen as legitimate, to comply with standards for the rule of law which we have come to expect from national criminal justice systems. Yet it would only operate on an occasional basis. This created an issue for international human rights and the rule of law. It was of particular importance in criminal cases (Ralph 2007). The international criminal court has made changes in the policies of countries and states.
To determine the number of respondents that will be asked to participate and give information regarding the study convenience sampling will be used. Convenience sampling means to collect or interview individuals who actually experience the phenomenon. Convenience sampling will focus on individuals that experienced diabetes mellitus or has someone in the family that experienced such disease.
Primary and secondary sources of data would be used for the study. Surveys will the primary method of data collection. Internet surveys would be the primary source of data. Internet surveys have been both hyped for their capabilities and criticized for the security issues it brings. Internet surveys would also require less time for the researchers and the respondents. Secondary source of data would involve the use of books and journals.
In analyzing the collected data, the paper will be divided into the demographic profiles of the respondents and the ideas of respondents. The data that will be acquired will be put into graphs and tables.
Light, M & Smith, KE 2001, Ethics and foreign policy, Cambridge
University Press, Cambridge, England.
Ralph, J 2007, Defending the society of states: Why America
opposes the International Criminal Court and its vision of world
society, Oxford University Press, New York.
Rosenne, S 2004, The perplexities of modern international law,
Nijhoff, M, Boston.
Sands, P (ed.) 2003, From Nuremberg to the Hague: The future of
International Criminal Justice, Cambridge University Press, New