International Criminal law/court. Hypothetical case

Introduction

A half century ago the United Nations realized the necessity to establish an international criminal court in to prosecute crimes like genocide , Recognizing that at all periods of history genocide has inflicted great losses on humanity and being convinced that , in to liberate mankind from such an odious scourge , international co-operation is required

Article I of the Convention on the Prevention and Punishment of the Crime of Genocide deems it to be a crime under international law and article VI requires that persons charged with genocide shall be tried

by a competent tribunal of the State in the territory of which the act was committed or by such international penal tribunal as may have jurisdiction ' Further , the General Assembly invited the International Law Commission "to study the desirability and possibility of establishing an international judicial organ for the trial of persons charged with genocide

The main goal of the United Nations is to ensure that human rights and fundamental freedoms of individuals are respected throughout the world and the founding of a permanent International Criminal Court (ICC furthers this objective . The international community conducted a meeting in Rome , from 15 June to 17 July 1998 in to finalize a draft statute to establish such a court , which became officially operational on July 1 , 2002 in The Hague , Netherlands

Since , the International Court of Justice takes up cases between State and not individuals this court fulfils a much needed requirement and in its absence acts of genocide and flagrant infringements of human rights would take place with impunity (International Criminal Court , n .d . In cases where the national courts do not or cannot take action against individuals who have perpetrated genocide , crimes against humanity and war crimes the International Criminal Court (ICC ) steps in and does so The Rome Statute of the International Criminal Court has been effective from the 1st of July 2002 and the ICC has contributed vastly to the prevention and reduction of death and devastation caused by conflict (The International Criminal Court , n .d

The Rome Statute and the ICC Rules of Procedure and Evidence "ICC Rules ) permit victims to present their views and concerns without having to testify as witnesses , if their personal interests are affected and if such participation is not in conflict with the accused 's rights Moreover , this should not hinder a fair and impartial trial from taking place

The International Criminal Tribunals for Rwanda "ICTR ) and the former Yugoslavia "ICTY ) have revealed that victims will generally prone to face lack of protection , physical and mental challenges due to their interaction with the ICC , irrespective of whether they are witnesses or participants . Several instances exist of witnesses failing to depose fearing retaliation . The Rome Statute and the ICC Rules make it essential to provide protection for victim participants . Such protection includes ensuring their safety , dignity , privacy , etc . In the absence of adequate protection , it will be impossible for victims to fruitfully participate in criminal proceedings . This physical and psychological...