The International Criminal Court and the Maintenance of International Peace and Security : A Marriage of Convenience?
Promising prosecution of crimes has magical powers; it creates a sense of trust and admiration towards the authority who claims that it would prosecute 'all those responsible for crimes' wherever those would be committed. An emotive invocation to 'we will punish them' promise may transform an ordinary government to one being highly noble, humane, caring and sympathetic to suffering of others in hands of 'tyrannical' rulers and their 'inhumane' and 'criminal' policies. But these magical powers can also be used for less noble purposes as well; they can help those 'caring governments' to remain unchallenged internally by deflecting attention from domestic policy issues to 'chasing' war criminals. Motivated by a desire to initiate, what already may be an overdue analysis of the relationship between the International Criminal Court and the United Nations Security Council and its main duty to maintain international peace and security a proposition will be made here that the ICC, quite contrary to its noble aims and objectives stated by the UN Secretary General in 2000 and contained in its Preamble (especially: 'determined to put an end to impunity') may, in fact compromise the duty to maintain international peace and security by establishing a great potential for political interference in its supposedly judicial function. This level of potential political interference in judicial function would not, under the liberal traditions of developed and civilized nations be acceptable or even possible within the domestic constitutional arrangements. On the other hand, the duty to prosecute for the international crimes had already existed under both treaty and customary international law and from this perspective the ICC's establishment has not enriched international law in any way; it has rather compromised the duty to maintain the international peace and security and cemented in law that the most powerful states' citizens will be effectively shielded from any prosecution as the several episodes of its involvement demonstrate
Year of publication: |
2012
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Authors: | Baros, Miroslav |
Publisher: |
[S.l.] : SSRN |
Subject: | Welt | World | Frieden | Peace | Internationale Sicherheit | International security |
Saved in:
freely available
Extent: | 1 Online-Ressource (11 p) |
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Type of publication: | Book / Working Paper |
Language: | English |
Notes: | Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments November 7, 2011 erstellt |
Other identifiers: | 10.2139/ssrn.1955827 [DOI] |
Source: | ECONIS - Online Catalogue of the ZBW |
Persistent link: https://www.econbiz.de/10014175827
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