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Difficulties of application of international law : example of the Cambodia genocide
Exposé - Droit International - 21 pages - Format Microsoft Word
This paper will show to the reader the difficulties which can appear in practice concerning the international criminal law. Indeed, several problems can occur.
First of all, one has to know what is the aim of the international criminal law and we have to define what is the international criminal law. This kind of law is provided to contribute to the deterrence of major crimes and the protection of humanity. The crimes aimed for, in this international perspective, are the crime of genocide, crimes against humanity, war crimes and aggression. The international terrorism, is not, until today, included in the ICC (International Criminal Court) Statute.
International criminal law knew its beginning after the World War one, especially with the tribunals of Nuremberg and Tokyo. Despite the numerous conflicts around the world, the international criminal law did not know a real progress before the last years. For example, in 1993, was created the International Criminal Tribunal for the former Yugoslavia (further on ICTY), and in 1994 the International Criminal Tribunal for the Rwanda was created, dedicatory to the conflict which opposed Hutu and Tutsi. The last example is the creation of a Special Court for Sierra Leone in 2003.
At first sight, international criminal law appears as a law which can protect the civil population, everywhere around the world, against the crimes committed by authorities, political, police and so on.
However, when we study the scope of international criminal law in practice, we see that a lot of difficulties appears, and some criminal, or responsible for crimes, are neither accountable nor judged. The main problem is relative to the requirements which are necessary for a crime to be prosecuted. The most flagrant example is concerning what one, at first sight, is tempted to name the Cambodia genocide. However, according to international criminal law, it is not so evident that this crime is a genocide.
The main question of this paper is the following : why sometimes victims of crime, in an international perspective, are not allowed to see the responsible of their suffering before a court, and can this fact lead to a side effect of the international criminal law.
Plan du document :
Chapter I - Historical context and birth of the Khmer Rouges
Chapter II - Requirements for the crimes considered by the international criminal law
Chapter III – The juridic problems of the Cambodia's “politicide”
Chapter IV – Possible solutions to end the conflict by judge the responsible
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