International Court of Justice

Nuclear Disarmament case: “It is understandable that courts will be cautious about frivolous litigations. At the same time, they must balance this concern against the international community’s interest in providing access to justice and promoting the peaceful settlement of disputes. This is all the more important at the ICJ given how difficult it is to seize its jurisdiction.” The International Court of Justice (ICJ) cautious enforcement of justice and promotion of peaceful settlement in the…

nature According to the Fordham International law journal, the purpose of the International Criminal Court is to impose punishment for the most serious crimes committed at an international level and to bring individual offenders to justice. The Court has jurisdiction to rule over four types of crimes that is genocide, crimes against humanity, war crimes and as of 2010 the crime of aggression. The four types of crime regulated by the International Criminal Court also make up part of the Vienna…

In the criminal justice system, compliance occurs when members of society are encouraged to abide by laws. In this system, elements such as Youth Justice Conferences, the International Criminal Court and Mandatory Minimum Sentencing are relatively ineffective in encouraging compliance within the domestic and international community. In order to encourage compliance, laws should be enforceable and reflect the moral standards of society. The International Criminal Court (ICC), established under…

customary law has international usage, general practice or usus. Namely, a customary law has to be practiced worldwide, continuously, repeatedly, unanimously and analogously. In the aspect of the psychical element, a customary law has to be accepted by states in the international society, to get the opinion Juris. The customary laws are usually unwritten. However, there is a trend that to transfer the customary law into the written law. For example, the contents of Principles of International…

Question No 1: State Responsibility and Climate Change How might an International court or tribunal change the attitude and behaviour of states in their regulation of greenhouse gas emissions? 1. Introduction The consequences of climate change—melting glaciers, ocean acidification, more frequent and intense storms, and droughts threaten people’s daily lives, cause health crises, threaten food security, destroy industries and infrastructure, render borders unstable, and cripple economies.…

Africa used to treat the youths by societal rules, today it complies with the country’s constitution and international laws. I am sharing South Africa efforts with the Child Justice Act (CJA) 75 of 2008 to improve juvenile justice policies and its similarities and discrepancies with the international community and the United States. Per Sloth-Nielsen and Gallinetti (2011) South Africa new justice system is a significant advance in children’s human rights. Because of the debate on human rights,…

of World War II, the allied forces needed to react to this horrific tragedy. As a reaction to the Holocaust, the allied forces sought a way to receive justice for the innocent millions who had lost their lives in a tragic way. In order to achieve this, the allied forces created the Nuremberg trials. The Nuremberg trials…

of East Jerusalem residents contravenes international law. The International Court of Justice (ICJ) ruled in its 2004 advisory opinion to the UN Assembly on the subject of the separation barrier that East Jerusalem is occupied territory, like the rest of the West Bank and the Gaza Strip, and that the measures that Israel took to annex East Jerusalem are not valid according to international law. Both international human rights conventions and international humanitarian law apply to this area.…

to understand the way justice works throughout the international community, a person must understand the history behind the system and all the reasons it came to be. The Bosnia Case was the public international case of Bosnia and Herzegovina v Serbia and Montenegro. Dr. Francis Boyle, an adviser to Alija Izetbegović, the first Chairman of the Presidency of Bosnia and Herzegovina during the Bosnian War, filed the case. A document issued by the International Court of Justice stated that, “25,000…

The most representative document in international human rights law is the Universal Declaration of Human Rights (UDHR),which is a milestone in history of human rights law, was proclaimed by the UN General Assembly in Paris on 10 December 1948 General Assembly Resolution 217A as a common standard of achievements for all peoples and all nations. Article 21 describes “the will of the people” as “the basis of the authority of government” and calls for that will to be considered through “periodic and…