The case involves the special hybrid court in Cambodia, which was set up after the United Nations peacekeeping operation in Cambodia in the 90s. Ieng Sary is charged with crimes against humanity for his part in the deaths of as many as two million people in the late s. The controversy is the latest in a series of problems to hit the tribuna l.
One of the characteristic of natural justice is that the accused is given a fair trial and is seen to be given a fair trial, by a judge that is seen to be unbiased. There is an understandable amount of public pressure on the judges to convict the defendants in these types of cases.
This is partly due to the horrendous nature of the alleged offence. In such context, it is quite a challenging task to provide defendants in international criminal tribunals a fair trial. It is almost an indictment of the western media that one of the most serious, intractable and tragic conflict is also one of the most neglected conflict.
In fact, the country has been labelled by the United Nations as the worst failed state. Here are some startling statistics that illustrate the point. To really understand the roots of the conflict, one really should go deeper into the tragic history of the region, with particular focus on the historic complicity of Belgian colonialism.
I would recommend those interested to do some elementary research. Onto the latest development of this conflict. Much of the fighting and humanitarian disasters take place in a province called North Kivu.
A map of North Kivu provincial capital city: As you can see on this map, the province of North Kivu borders three countries with some very troubled past. This rebel militia is widely known to be responsible for the use of child soldiers, as well as the systemic killing, rape and mutilation of civilians. The leader of the LRA is Joseph Kony, who has already been indicted for war crimes by the International Criminal Court, but thus far is unable to be captured.
For its part, the Ugandan army has adopted counter-insurgency tactics that has made it complicit in war crimes and human rights violations. To the south of Uganda is Rwanda, which in saw Hutu militias Interhamwe , backed by government forces, went on a killing spree against the Tutsi minority.
The defeated Hutu extremist rebels however have taken advantage of the political instability in the Democratic Republic of Congo, and set up their bases in North Kivu.
Less of a problem but still noteworthy is the neighbouring country of Burundi, which also saw inter-ethnic violence between Hutus and Tutsis for more than a decade, and only began to implement, with comparable success, the Arusha Peace and Reconciliation Agreement Keeping in mind the the porous nature of the borders in Central African region, you can begin to appreciate the security problems that beset the Democratic Republic of Congo, and in particular North Kivu.
The recent fighting concerns the infiltration of the LRA rebels from Uganda into North Kivu, wrecking havoc and destruction upon the already traumatised civilians in that province. About 1, Congolese civilians have been killed and around 1, abducted by Ugandan rebels over the last six months, a UN official says.
He said that most of the people who had been abducted were children. This latest spate of violence came about due to a breakdown of peace talk in Uganda between the LRA and Ugandan government forces. According to the report,. The LRA declared a unilateral ceasefire in August and a truce was agreed later the same month. However, as negotiations for a lasting peace dragged on LRA fighters began to drift away from two designated assembly points and the talks broke down.
Fearful of a possible capture and arrest in the event of a successful peace talk, Joseph Kony has thus far been very cagey about the signing any peace agreement. There are now people within the Ugandan government calling on the International Criminal Court to rescind its arrest warrant for Joseph Kony in the interests of a prospective peace agreement.
Originally mandated to monitor the Lusaka Ceasefire Agreement and the end of the Second Congolese War also known as the African World War , its mission has since been refocused to adapt to the changing nature of the conflict in DRC.
Despite being the largest peacekeeping operation in UN history, it has struggled to deal with the challenges of the conflict. When you consider the size of the country alone, this is not surprising.
Aside from suffering from inadequate number of personnel, the MONUC has also been accused of corruption and incompetence. Members of the Indian peacekeeping contingent, for example, has been accused of engaging in narcotic trade with members of the Hutu rebels.
It has also been accused of criminal complacency in weapon seizures of rebel forces, in return for illicit material gains.
The good news is that it simply cannot get much worse. However the road to peace is still fraught with dangers and unforseeable pitfalls. This demonstrates how international law and convention can work. Yet because it established a persuasive legal norm, it became a binding international law, even on those who did not sign. The very definition of jus cogens is that it is law whether you agree or not. This provides the rationale for a possible chapter 7 intervention in the face of credible evidence of genocide.
In fact, it arguably imposes a responsibility to protect in the face of such evidence. This is the story of Lemkhin. This treaty is excellent for illustrating the issue of compliance , because 38 nations have not signed it, and these being some of the powerful military powers in the world e.
USA, Russia, China etc. Because of this, the treaty has been recognised as jus cogens. It simply has not yet established the prohibition of land mines as legal norm in international law yet. Needless to say, it also demonstrates how the interests of major sovereign powers can frustrates and limits the effectiveness of legal instrument.
The treaty is also great, again, for illustrating the powerful persuasive role of long-term campaigns and lobbying by NGOs in encouraging compliance, cooperation and promoting law reform in response to increasing global awareness of the humanitarian danger of anti-personnel land mines. Mine Action Canada, which lobbied the Canadian government to lead the diplomatic effort Celebrities like the late Diana, Princess of Wales International Campaign to Ban Landmines Rome Statute The fact some major sovereign nations have not signed or ratified the Rome Statute obviously undermines the strength of the treaty.
Some of the non-signatories are P5 powers. This is an even bigger problem: ICC Prosecutor may initiate investigations and issue arrest warrants against individuals in member-states. However, if the suspects are citizens of non-signatory nation-states e.
Obviously, this gives the P5 powers enormous influence, and it ensures that soldiers and officials from non signatory states like China, US and Russia would never face ICC justice. This leads to accusations of unfairness, and that ICC is captive to the interests of powerful sovereign powers. Refer to China deciding to allow UNSC to refer Bashir to the ICC after heavy diplomatic pressures , as well as mounting unavoidable evidence of atrocities committed by Sudan against the people of Darfur.
Make the point that in diplomacy, credibility is often seen as important asset. Its lack of direct arrest mechanism means that it relies on the cooperation and compliance of member-states to assist. This can lead to problems. Refer to the incident of Zuma and Bashir. Nuclear Non-Proliferation Treaty The treaty establishes non-proliferation as a legal norm. This clarity underlines its effectiveness. It relies on the UNSC for enforcement. This does give P5 enormous powers again.
However, keep in mind that P5 are legally allowed to possess nuclear weapons under NPT. So, it was in their interests to support the NPT legal regime. However, the enforcement abilities of NPT can be ineffective if Violating states are willing to pay the diplomatic and economic costs of violation s e.
Fourth Geneva Conventions This is an excellent treaty to demonstrate compliance. This is with particular reference to the role of ICRC in demanding access to Prisoners of War as well as monitoring violations of international criminal law in conflict situations. This gives it credibility. Refer to the Guantanomo Bay case. This must have repurcussions for the political stability for Kenya, considering the porous nature of its borders.
Stratfor report, dated 1 April, Despite its best effort, many wanted war crimes suspects by the ICC still remain at large. This appears to indicate the continuing limit of its effectiveness.
This suggests that in an organic way, the ICC is actually more effective than meets it first appears. Criminal Justice , world order Tags: Criminal Justice , law and society , world order Tags: The controversy is the latest in a series of problems to hit the tribunal.
Cambodia , khmer rouge. According to an Amnesty International Report in , rapes have occurred in DRC during the previous six years of fighting. Rapes were committed against civilians by armed militias. Want to get ahead and know that doing HSC Legal Studies Electives practice questions are the fool-proof way to get ahead? If you need reliable notes or simply want to check your notes are right, take a look at HSC-Notes.
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Examine the effectiveness of legal and non-legal measures in resolving conflict and working towards world order. World order refers to the creation of global relationships and maintenance of world peace. It essentially governs the relationships between nation-states and other global participants, to avoid international anarchy and resolving the conflicts that arise. The current world order is founded upon .
Legal Studies Essay- the Role of the Nation State in Achieving World Order. achieving World Order. World Order is a necessity in modern day society, for if it did not exist we would be faced with .
Essays - largest database of quality sample essays and research papers on Hsc Legal Studies World Order. Oct 24, · Legal Studies; Structuring a World Order Essay; Results 1 to 6 of 6 Thread: Structuring a World Order Essay. LinkBack. LinkBack URL; About LinkBacks ; Bookmark & Share; Digg this Thread! Add Thread to file-download.tk; Structuring a World Order Essay I have lots of info and sources and such.
Legal Studies Essay- the Role of the Nation State in Achieving World Order. Words | 4 Pages. achieving World Order. World Order is a necessity in modern day society, for if it did not exist we would be faced with international anarchy. Jul 14, · Formulating Arguments in Legal Studies Arguments in your Legal essays are the difference between a Band 5 and Band 6. It is essential that you give some thought to the sort of arguments you can make in all the different exam sections.