10. Would it help the ICC if a new Asian Regional Criminal Court will be created? Could such a new court harm the interest of the ICC?
In my opinion, creating a new court would not help the ICC, rather it would harm its interest in a way that it would totally undermine the judicial powers of the ICC.
11. Can the facts exposed by the ICC help to improve the international community even if the ICC itself doesn 't put many criminals in prison?
Even if the facts are exposed by the ICC, it would not help to improve the international community if it does not put criminals in prison. It would only make the international community aware of a State’s violation but there is not enough reasonable basis for one to think that it will improve the international …show more content…
In their article, Bogdandy & Venske suggests that it should be ‘In the name of the People’ instead of States. What they are trying to say is that within the democratic dimension it is understood that the courts operate for the benefit of the people, therefore it is only right and better to say the courts act ‘In the name of the People’ rather than States. To elaborate more on the authors’ public law theory of adjudication, people in a citizen-based democracy simply means the citizens of the State. But what does it really mean when we say citizens because if we say that the courts act on behalf of the people as citizens of the world it would miss its legal foundation in a democratic perspective. In a democratic perspective it is understood to be the people who are affected by any court judgment. In other words, instead of generalising and putting it in simpler terms as in the name of the citizens or in the name of the people, perhaps it is better as Bogdandy suggests to double the formula, for a better point of reference, as ‘In the name of the Peoples, and Citizens’. Citizens here implies the different roles of individuals in society, being citizens of the State, of the union or the world reflecting a greater legitimation of international adjudication. Referring back to the question above, we can say, applying a public law theory of adjudication, that the ICC operates in the name of the peoples and
In my opinion, creating a new court would not help the ICC, rather it would harm its interest in a way that it would totally undermine the judicial powers of the ICC.
11. Can the facts exposed by the ICC help to improve the international community even if the ICC itself doesn 't put many criminals in prison?
Even if the facts are exposed by the ICC, it would not help to improve the international community if it does not put criminals in prison. It would only make the international community aware of a State’s violation but there is not enough reasonable basis for one to think that it will improve the international …show more content…
In their article, Bogdandy & Venske suggests that it should be ‘In the name of the People’ instead of States. What they are trying to say is that within the democratic dimension it is understood that the courts operate for the benefit of the people, therefore it is only right and better to say the courts act ‘In the name of the People’ rather than States. To elaborate more on the authors’ public law theory of adjudication, people in a citizen-based democracy simply means the citizens of the State. But what does it really mean when we say citizens because if we say that the courts act on behalf of the people as citizens of the world it would miss its legal foundation in a democratic perspective. In a democratic perspective it is understood to be the people who are affected by any court judgment. In other words, instead of generalising and putting it in simpler terms as in the name of the citizens or in the name of the people, perhaps it is better as Bogdandy suggests to double the formula, for a better point of reference, as ‘In the name of the Peoples, and Citizens’. Citizens here implies the different roles of individuals in society, being citizens of the State, of the union or the world reflecting a greater legitimation of international adjudication. Referring back to the question above, we can say, applying a public law theory of adjudication, that the ICC operates in the name of the peoples and