Here is your essay on International Criminal Law and International Criminal Court in Present Age:
International law is a body of rules and principles which regulate the conduct and relations of the members of international community there are many factors which led to the development of law in 19th and 20th centuries.
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The relation of the state and their mutual contracts has greatly increased during the said period and many rules and principles were formulated on the basis of the practice of states and the needs and requirements of the changing times and circumstances in this period witnessed the birth, growth and development of public International Law as a universal face or a legal system to reckon with.
The modern International Law as a definite branch of jurisprudence there has been phenomenon expansion of International Law. Nowadays, it is said that there has been vertical and horizontal expansion of International Law.
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Besides applying on the lands, rules of International Law apply to outer space, lakhs of kilometres outside the orbit of Earth to the thousand of metres below the waters of the oceans. On the other hand, from being traditional law governing the relation of sovereign states, international law has expanded to embrace international organizations non-state entities and individuals as its subjects. Indeed the establishment of the U. N. and development of human rights was probably the most remarkable things that were witnessed in the present millennium while traditionally.
Comprising of only customary and treaty rules international law expanded to include general principles of law recognized by civilized states, decision and determinations of judicial and arbitral tribunals and juristic work Presently International Law is confronted with challenges at different fronts such as those of nuclear weapons, scientific and technological revolution, environmental degradation and pollution and population explosion. Though it is quite heartening to note that the United Nations, which was established after Second World War, has been successful in preventing the Third World War.
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But yet it cannot and must not be forgotten that absence of war does not denote peace. It is desirable to keep in mind the challenges before International Law in the present century and the greatest challenges before International Law in this age is the danger of a nuclear war and serious problem of terrorism.
International Law during its third millennium tried to tackle this problem but despite of serious efforts to meet this challenge; the situation continues to remain serious rather grim.
In recent years it has been found that Islamic Fundamentalism is at the back of terrorism and nuclear war all over the world. Though some countries such as Pakistan and Afghanistan have been identified as state sponsors of terrorism yet countries on account of their selfish and narrow interest have been reluctant to take action against them and so their power and courage has increased day by day.
And they performed with more power their terrorist activities this is witnessed many a time in the world. The attack of terrorists on twin tower of World Trade Centre at NewYork on 11th September, 2001 are the most horrible and devastating events of the history. It shocks not only America, but to the whole world.
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Yet another serious event that manifested the menace of terrorism was the terrorist attack on Indian Parliament on 13th December, 2001 and on 26th November, 2008 there was a planned attack, intrusion on Nariman House and Hotel Taj in Mumbai. Most recently there was a bomb explosion outside the Delhi High Court premises.
The menace of terrorism shows its attack on American Centre at Kolkata and previously the terrorist attack on Institute of Science at Bangalore alarm the gravity of terrorism and its dangerous effect on society.
Because of such act of terrorism, nuclear wars, environmental degradations, different forms of terrorism such as hijacking and taking of hostages and its linkage with illicit drug trafficking there is a constant danger to International Peace and security and because of all this common individual become victims without being part of any and so it is very dangerous to the very survival of man and there is need to eliminate such cruel dangers to International peace and from foregoing discussion we can say that, in the present millennium International Law is a ‘Weak Law’ though some serious efforts such as those of entering into International Nuclear Forces Treaty (INF Treaty), Strategic Arms Reduction Treaty, Non-Proliferation Treaty, etc. have been made the challenges remains still formidable and grim.
There are many reasons responsible for such situations. The enforcement machinery of International Law is very weak. The greatest shortcoming of International Law is that it lacks an effective executive authority to enforce its rules. There is lack of legislative machinery.
International Law cannot intervene in the matters which are within the domestic jurisdiction of states and one other major reason is that, though there is an International Court to solve International dispute but it has no compulsory jurisdiction.
Decision of International Court is not binding on the parties and there were no sanctions to the rules of International Law and to make internal law, at present more effective and powerful there is need for an International Criminal Law and the establishment of an International Criminal Court and the function of such criminal law should be to preserve the public order because primary object of criminal law is to preserve and maintain public order.
The function of criminal law is, therefore, to protect fundamental social interest of community. What is true of municipal criminal law should also hold good about the International Criminal Law. So the function of International Criminal Law should be to preserve the public order of the world and to punish the conduct which attempts to disrupt such public order or which is intolerable to the community of nations.
There is great controversy regarding the question as to whether there exists International Criminal Law or not. While on one hand, it is argued that there is a small body of Penal Rule which can be said to constitute International Criminal Law. On the other hand, it is contended that International Criminal Law in the material sense of the term does not exist.
In reality proposals for the establishment of an International Criminal Court have been under consideration for more than 50 years realization has downed on the International Community that new breeds of criminality, including sophisticated computer crime, terrorism, illicit drug-trafficking, money laundering and violent street crime are creating a feeling of insecurity throughout the world.
Indeed growing crime rates threaten to become a universal phenomenon comparable to ecological disaster and so after many conventions, which were failure to tackle the problem. General Assembly in December, 1989, requested to International Law Commission to address the question of establishing on International Criminal Court.
On request of General Assembly in 1998, the U.N. Diplomatic Conference of Plenipotentiaries on establishment of an International Criminal Court adopted the statute of the International Criminal Court and it provides that it shall be a permanent institution and shall have power to exercise jurisdiction over persons for the most serious crimes of International Concern.
The jurisdiction of this Court shall be limited to the most serious crimes of International Community. They are the crimes of genocide, crimes against humanity, war crimes and the crime of aggression.
Though, the adoption of Rome Statute, of the International Criminal Court is a great achievement. But there are, however, certain glaring shortcomings, for example, the crimes of hijacking and terrorism which are the main challenges in this millennium before International Community and which pose a great menace to the Internationa] Community, especially to the innocent men, women and children, have not been included in the list of crimes over which the International Criminal Court shall have no jurisdiction, similarly the enforcement machinery devised is far from satisfactory and because of above factors Rome Statute of establishment of criminal court is only ornamental and the statute shows that states are yet not prepared to establish a strong court having compulsory jurisdiction over International crimes.
Now from above discussion it is clear that till now there was no strong International Criminal Law, which is a main solution to solve the criminality of International level and for that there is need of a strong codified International Criminal Law and for that there is need of mutual trust and confidence among the states.
Though they are members of U.N. or not and for that the United Nation’s Charter should be amended so as to authorise U.N. to intervene in the matters within the domestic jurisdiction of states as are of International concern or affect International Community and because of such activities of U.N. should be encouraged and develop the feelings of International brotherhood which is essential for the perfect establishment of International Criminal Law and its Codification.
An International Criminal Court should be established to adjudicate cases relating to all crimes of International concern and there is no limitation for some special crimes.
There is need to establish a machinery to enforce the decision of International Criminal Court, and such decisions are compulsory and binding on the parties of dispute. It is the main effort to establishment of a Perfect Criminal Law. Because sanction is necessary for implementation of criminal law.
And for proper implementation of Criminal Law International Bureau of Investigation and Prosecution should be established for investigation of matters relating to International Crimes and the Prosecution of International Criminals.
An International Police System should be established to check International Crimes and to enforce the rules and principles of International Criminal Law.
And for the International of International Criminal Law Codification of it is the most essential aspect. It only makes International Criminal Law strong, and efficient to cope with growing International Criminal Activities, which is the most important need to day and it then it also makes International Law, to some equivalent to a Municipal Law and International Law become more effective and powerful and in this way it gives impetus to the development of International Law.
