This research thesis is a thorough analysis on the jurisdiction of the International criminal court and the International criminal tribunals over genocide, warcrimes, crimes against humanity and crimes of aggression. Also, it seeks to inquire into the inability of the International criminal court to prosecute global terrorism. The author has also proffered solutions to the jurisdictional problems inherent in the operations of the International criminal court.
Table of Contents
1.0 Introduction to Research Thesis
1.1 Background of Study
1.2 Statement of Problem
1.3 Research Objectives
1.4 Research Questions
1.5 Research Methodology
2.0 Introduction
2.1 The Nature of International Crimes
2.2 Genocide
2.3 War crimes
2.4 Crimes of Aggression
2.5 Crimes Against Humanity
2.6 The Nature of Global Terrorism
2.7 The Incidence of Global Terrorism (Terrorism in Europe, the Middle East and Nigeria, a Comparative Analysis)
3.0 Introduction
3.1 The International Criminal Tribunal (ICTs)
3.2 The International Criminal Tribunal for the Former Yugoslavia (ICTY)
3.3 The International Criminal Tribunal for Rwanda (ICTR)
3.4 The International Criminal Court (ICC)
4.0 Introduction
4.1 Critical Analysis of the Jurisdiction of the ICC Over Crimes Against Humanity and Global Terrorism
5.0 Introduction
5.1 Recommendations
5.2 Conclusion
Research Objectives & Key Themes
The research paper aims to define the nature of international crimes, examine the development of international criminal institutions, and evaluate the effectiveness of the International Criminal Court (ICC) in addressing crimes against humanity and global terrorism, while proposing solutions to jurisdictional obstacles.
- The scope and evolution of international criminal law and institutions.
- Jurisdictional challenges of the ICC regarding crimes against humanity.
- The legal and practical difficulties in prosecuting global terrorism through the ICC.
- A comparative analysis of terrorism in different global regions, focusing on Nigeria.
- Proposed amendments and institutional reforms to improve ICC efficacy.
Excerpt from the Book
2.1. THE NATURE OF INTERNATIONAL CRIMES
International crimes have been defined as Crimes which affect the peace or safety of more than one state or which are so reprehensible in nature as to justify the intervention of international agencies in the investigation and prosecution thereof.16 Also in the 1948 Hostages case,17 an international crime was defined as;
“such an act universally recognized as criminal, which is considered a grave matter of international concern and for some valid reason cannot be left within the exclusive jurisdiction of the state that would have control over it under ordinary circumstances”
Thus for a crime to be considered as international, it must have the effect of wreaking havoc on the international community else it would be confined to the status of a domestic crime only capable of investigation and prosecution by the appropriate domestic courts.
Summary of Chapters
Chapter One: Introduction: Provides the foundation for the thesis by outlining the research problem, objectives, and methodology regarding the role of international courts.
Chapter Two: International Crimes: Examines the definition and nature of international crimes, including genocide, war crimes, and the evolving threat of global terrorism.
Chapter Three: The International Criminal Tribunals (ICTs) and The International Criminal Court (ICC): Details the history, structure, and jurisdictional mandates of ad hoc tribunals and the permanent International Criminal Court.
Chapter Four: A Critical Analysis of the Roles & Jurisdiction of the ICC Over Crimes Against Humanity and Global Terrorism: Critically evaluates the ICC's performance and jurisdictional challenges in prosecuting these specific crimes.
Chapter Five: Recommendations and Conclusion: Summarizes the research findings and proposes specific legal and institutional reforms to enhance the efficacy of the ICC.
Keywords
International Criminal Court, Rome Statute, Crimes Against Humanity, Global Terrorism, War Crimes, Genocide, Jurisdiction, United Nations Security Council, International Tribunals, State Sovereignty, Humanitarian Law, Prosecution, Legal Reform, Accountability, Africa.
Frequently Asked Questions
What is the core focus of this research?
This research critically analyzes the jurisdictional roles of the International Criminal Court (ICC) and international tribunals in the prosecution of crimes against humanity and the growing challenge of global terrorism.
What are the primary themes discussed?
The work covers the history of international criminal justice, the evolution of definitions for international crimes, jurisdictional limitations of the ICC, and the specific challenge of integrating terrorism prosecution into the existing legal framework.
What is the main research objective?
The objective is to identify factors hindering the ICC's performance and to propose viable solutions for better operationalizing its jurisdiction over crimes against humanity and terrorism.
Which methodology is employed in this study?
The research uses an analytical methodology, scrutinizing relevant legal statutes, historical facts, and current case studies to evaluate the subject matter critically.
What does the main body of the work cover?
It provides an in-depth examination of the nature of international crimes, compares the mandates of ad-hoc tribunals like the ICTY/ICTR with the permanent ICC, and analyzes specific jurisdictional failures.
How would you describe the key terms of this study?
The study is characterized by concepts like international legal personality, territorial versus universal jurisdiction, and the principle of complementarity in international law.
Why is the ICC struggling to prosecute global terrorism?
The ICC struggles primarily because "terrorism" is not explicitly listed as a crime within the Rome Statute, and the lack of a universally accepted definition makes it difficult for the court to assert clear jurisdiction.
What is the author's stance on creating a new court for terrorism?
The author is strongly opposed to creating a new, separate court for terrorism, arguing that it would be a waste of resources and that the ICC is the best institution to handle such crimes if provided with the correct mandate.
How does the Nigerian context relate to the study?
Nigeria serves as a critical case study due to the high incidence of terrorism, with the author noting that domestic pressures have even led to discussions about Nigeria exiting the Rome Statute due to frustrations with the ICC's perceived limitations.
- Citation du texte
- Temiloluwa Lawal (Auteur), 2018, A critical analysis of the roles of the International criminal court (ICC) and the International criminal tribunals (ICTs) over crimes against humanity and global terrorism, Munich, GRIN Verlag, https://www.grin.com/document/468621
