International Criminal Law and the establishment of an International Criminal Court………an Overview .

By Subrata Mukherjee.

In love with Golapi, Subratagolapi.

Part 1..

Introduction:

This is an overview of the international Criminal law and it’s application on the international Criminal Court as traditional view always raises a controversy regarding the existence of any International Criminal Law and it’s applications.

Many contradictory opinions are available about the identification,existence and applications of International Criminal Law and The International Criminal Court .

In this regard, I would focuss on the primary object of criminal law and it is for to preserve and protect public order .In general, crime is defined as an offence against the society or a community.A crime is always harmful for a civilized society ,even though it’s immediate victim is an individual.

The aim of protecting the society can only be achieved by the application of punishment as per the criminal law in the forms of deterrence, prevention and reformation.In the shortest version we can say that a crime is prohibited by law and the remedy for which is the sanction or the punishment by the state.This is equally applicable and holds good about the definition,explanation and application of the International Criminal Law .

A crime against international law is an act committed with intent to violate a fundamental interest protected by International law.

…Prof Quincy Wright.

The function of International Criminal Law is to preserve and protect the public order of the world and to punish the conduct which attempts to disrupt such public order or breaks the order in the community of nations.

International Criminal Law in the true sense of the term can exist only when some necessary prerequisites are satisfied namely ,

1.An authority to enforce santions of International Criminal Law.

2.An International Criminal Court.

3. A code of Criminal Law and Jurisprudence.

4. Accessibility of International Criminal Law and it’s jurisdiction to the entire International world .

It is very relevant to point out that some important international treaties were signed after the establishment of the United Nations.In this regard the General Assembly in 1946, adopted the principles of Nuremberg charter and Tribunal thereby enlarging the jurisdiction of belligerent states of the world to stop crime against people and humanity.

Later , in 1947, the General Assembly requested the International Law Commission to draft a code of offences against pleace and security of Mankind .

Considering all the steps and intiatives taken by the General Assembly to promote the principles of Nuremberg charter , the Secretary General of the United Nations proposed for resuming consideration of the draft code of offences against the peace and security of mankind and the establishment of an International Criminal Court in 1977.

Several steps and applications were made by the United Nations and other peace loving states of the world to establish the environment of peace and security in the world to protect the mankind from the offence of wars and crimes .

Genocide covention in its Article I ,in 1948 declared ‘Genocide’ as a crime under international law and Article IV of the Convention kept provisions for punishment for the offenders .

Two great and landmark conventions in this regard deserve mention are the Hague Convention for the Seizure of Aircraft in 1970 and Montreal Convention on the same object .

The United Nations in its sessions of World conference on organised crime in Vienna in 1993 and in Naples in 1994 felt the need of an action plan to be implemented globally to prevent all forms of international crimes through bilateral and multinational agreements and co operations on various fields namely :

1.Prevention of crimes in urban areas.

2.Prevention of economic crimes including money laundering.

3.Application of International criminal law on the protection of the environment .

4.Prevention of juvenile crimes.

…………………to be continued.