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Free Guide For International Criminal Law Essay:
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 body entitled to preserve and implement an international code of conduct is governed under the International criminal court which intends to implement these laws and regulations to avoid any conflict that would endanger human life in any way possible.
The international criminal court caters mostly to core crimes that go against public international law such as genocide, war crimes, crimes against humanity(enslavement), and crimes of aggregation. Like any other public court International criminal court has hearings under which the verdict is determined and penalizes state or individuals according to the legislative framework.
Fundamentals Of International Criminal Law:
Principles of International criminal law over time have been modified considering the practical relevance as well as intentional relevancy as well to ensure the moral welfare of humanity from any sort of criminal act implementing the concept of Men's rea and Actus rea. Here are five general 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 certain population such as acquisition and possession of weapons of mass destruction, sale or purchase of weapons to attempt potential war crimes, and any means or intentions to start or engage into propaganda war or proxy war.
2. Non-Retroactivity:
Treaties and domestic Laws under the roman stator are implemented under the International criminal court code of conduct. However, in cases where a law once did not come into effect and was brought into effect does not justify the accountability of the crime that once did not exist. However, if an international act is passed criminalizing an act or introduces 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 prosecution of individuals solely evolved in a certain act of crime. Such cases could be when soldiers are ordered by the superior officer to implement an order which are actions that go against public law norms and are 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 are exempted from prosecution. However, in some states, the age for conviction is considered 16 or even 14 years under such a situation the international criminal court respects the laws of the state and has no jurisdiction to intervene.
5. The irrelevance of official capacity:
Elected officials of government are individuals of the highest status and therefore under international law they are obliged to repel senior state officials if they are forced to pursue any action that causes harm to humans or obstructs any law placed by the international court. If official state members are unable to do so they are liable under the law to be prosecuted without any immunity.