INTERNATIONAL CRIMINAL LAW ESSAY HELP

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International criminal law lacks a proper framework and depends on regional regulations and agreements established through legal topics such as human rights law, public law, and common law, which govern the legislation issued by the international legal body.

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International Criminal Law Essay Support- Free Guidelines

International Criminal law is civil conduct and acts upon actions that have endangered human life within any region around the globe by any state or regime and will be held accountable for their actions according to legislations set. The legislative authority responsible for upholding and applying an international code of conduct is the International Criminal Court. It aims to enforce these laws and regulations to prevent any conflict that could jeopardise human life in any manner.

The International Criminal Court mainly prosecutes core crimes that violate public international law, such as Genocide, war crimes, crimes against humanity (enslavement), and crimes of aggregation. Like other public courts, it conducts hearings to reach verdicts and penalises states or individuals based on its legislative framework.

Fundamentals Of International Criminal Law:

Over time, international criminal law principles have shifted, considering their practical and intended importance in protecting humanity's moral welfare from criminal acts by integrating the concepts of mens rea and actus reus. Here are five core principles of international criminal law.

1. Legality:

Under international public law regulations, the legal body has the right and jurisdiction to implement measures to prevent core crimes such as Genocide, war crimes, etc. Also, under its authority, it should implement measures to actions that have the potential to cause harm to a particular population, such as acquisition and possession of weapons of mass destruction, sale or purchase of firearms to attempt potential war crimes, and any means or intentions to start or engage into propaganda war or proxy war.

2. Non-Retroactivity:

The International Criminal Court Code of Conduct implements treaties and domestic laws under the Roman Statute. However, in cases where a law once did not come into effect and was brought into effect, it does not justify the accountability of the crime that once did not exist. However, if an international act is passed criminalising an act or introducing strict measures or penalties, this should be considered and acted upon on crimes committed in the past.

3. Individual Criminal responsibility:

The International Criminal Court, under its modern fundamentals, explicitly allows the prosecution of individuals solely involved in a specific act of crime. Such cases could be when the superior officer orders soldiers to implement an order, which is an action that goes against public law norms and is considered an act of crime against humanity.

4. Exclusion of jurisdiction for individuals under 18:

Under Article 26 of the International Criminal Court, any individual under 18 is exempt from prosecution. However, in some states, the age of conviction is 16 or even 14 years. In such situations, the International Criminal Court respects the state's laws and has no jurisdiction to intervene.

5. The irrelevance of official capacity:

Elected government officials hold a prestigious status. Consequently, under international law, they must oppose senior state officials if compelled to take actions that harm people or violate laws set by an international court. If official state members cannot do so, they are liable to be prosecuted without immunity.

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