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International Criminal Law Synopsis

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International Criminal Law Synopsis The International Criminal Court is an official organisation that has been formed as a politically independent judicial establishment to act against the most serious crimes containing, Crimes against Humanity, Genocide and War crimes (International Criminal Justice, 2014a, and 2014b). The political freedom of the organisation has been interrogated as the relationships between the United Nations have the authority to refer, or defer circumstances to the International criminal court (Charter of the United Nations, 1945). France, was one of the first founding supporters of the United Nations when it was created in 1945 (Charter of the United Nations, 1945). France, strives to make the institution more effective and more illustrative of existing global indicators (France at the United Nations, 2014a). France plays a significant role with regards to Human Rights and works hard to make sure that these rights are respected and abided by, throughout the world (France at the United Nations, 2014a). During the 1980s, France introduced the right of Humanitarian Intervention, thus supports actions of combat to prevent additional misuses of authority, and supports the belief that members of the Security Council, have a responsibility to protect (France at the United Nations 2014a). The United Nations supports the rule of law and applies to both national and international levels (United Nations Security Council, 2014a). Appreciation for the rule of law is essential to attaining durable peace in the aftermath of conflict (France at the United Nations 2014b). One of the main beliefs is that every person, from the individual to the state are blameable to laws that are publicly disseminated, equally imposed and independently arbitrated (United Nations Security Council, 2014b). Moreover, to the effective protection of human rights (France at the United Nations, 2014b). The United Nations Security Council (2014c) should maintain the rule of law as the utmost law of the land. Long-lasting institutions of justice, security, and human rights that are well-organised supported and trained, And where a society contributes to strengthening the rule of law, are the norms, and institutions, that create the principals of a society in where individuals feel secure and safe, where disagreements are settled tranquilly and where reparation is available for persons who have suffered, and all of those who intrude upon the law are held liable (United Nations Security Council, 2014a). The political element of international justice is undeniable, regardless of the accomplishment rates of the ICC, special tribunals and Ad HOC; they have all been a result of political will and have relied on political support (Aloisi, 2013). It is a supported belief that in order for the International justice to be legitimate, independence from political will is a needed necessity (Aloisi, 2013). The ICC must refer situations based on the seriousness of crimes committed, rather than political deliberations, for the reason that in the absence of the United Nations Security Councils referrals, some of the wickedest cases of humanitarian law could go without punishment (Aloisi, 2013). Article 1 number 3 of the United Nations Charter make every effort to accomplish international corporations in determining international complications of a social, economic, or humanitarian character and in indorsing and encouraging respect for human rights and freedoms for all without distinction with regard to language, race, sex or religion (United Nations Security Council, 2014a). The Draft Resolution presented by France, attempts to find settlement based on the values common among Member States (France at the United Nations, 2014b). Reminding them that there have been 160,000 Syrians murdered and millions displaced (France at the United Nations, 2014b). The recent invention of the Caesar report highlights the brutality on the ground. Thousands of genuine photos show bodies dead by means of starvation and other brutal procedures. This was not the awful consequences of a civil war, but a deliberate strategy to punish (Aloisi, 2013). The Government in Syria are said to be bombing neighbourhoods and there are terrorist groups attacking freely (Aloisi, 2013). While France respects the partitions within the Security Council, by allocating the matter to the International Criminal Court does not threaten the viewpoint of negotiations for the reason that there was no peace process to threaten (France at the United Nations, 2014b). Negotiations could not come to pass as it is now a concern of killing, or being killed (France at the United Nations, 2014b). France possesses a strong obligation to the unity and regional integrity of the Syrian Arab Republic, also to the purposes and the principles of the Charter of the UN (France at the United Nations, 2014b). Members of the Security Council must take into consideration the Geneva Communique, which states responsibility for the acts committed during the conflicts in Syria, must be dealt with (France at the United Nations, 2014b). Reports generated by the Human rights council, recommend that there should to be an exploration of all assumed violations of international human rights law since March 2011 in the Syrian Arab Republic (France at the United Nations, 2014b), the UNSC need to establish facts and conditions that may amount to certain violations and crimes carried out (France at the United Nations, 2014b), and where conceivable, to detect those liable with a view to make certain that the committers of these violations, as well as those that may constitute crimes against humanity are held responsible (France at the United Nations, 2014b). France recalls reports completed by the Security Council’s High Commissioner for Human Rights and the secretary general- that crimes against humanity and war crimes are to be expected to have been committed in the Syrian Arab Republic (United Nations Security Council, 2014c, France at the United Nations, 2014b). The United Nations High Commissioner for Human Rights encourages, the Security Council to refer the situation to the International criminal court (United Nations, 2012). The conflict in Syria proposes a danger to international peace and security (United Nations, 2012). France decided to refer the conflict in Syria to the prosecutor of the international criminal court (France at the United Nations, 2014b). The government and non-armed groups in Syria must work together and make available the required assistance to the court and the prosecutor (France at the United Nations, 2014b). The Security Council, need to remain attentive in regards to the destruction in Syria. It is crucial that members fight against impunity (Aloisi, 2013). It is a political and moral duty and without the full support of all nations within the UNSC, catastrophic crimes could go unpunished (Aloisi, 2013). References Aloisi, R 2013, 'A Tale of Two Institutions: The United Nations Security Council and the International Criminal Court', International Criminal Law Review, 13, 1, pp. 147-168, SocINDEX with Full Text, EBSCOhost, (accessed 1 December 2014). Charter of the United Nations (1945) United Nations Security Council. Available at: http://www.un.org/en/documents/charter/chapter1.shtml (Accessed at: 29 November 2014). France at the United Nations (2014a) France’s role at the UN. Available at: http://www.franceonu.org/france-at-the-united-nations/the-united-nations/france-s-role-at-the-un/france-at-the-united-nations/the-united-nations/france-s-role-at-the-un/article/france-s-role-at-the-un (Accessed at: 30 November 2014) France at the United Nations (2014b) Syria. Available at: http://www.franceonu.org/france-at-the-united-nations/geographic-files/middle-east/syria/article/syria-5509 (Accessed: 30 November 2014). International Criminal Justice (2014a) International Criminal Justice Jurisdiction. Available at: http://www.icj-cij.org/jurisdiction/index.php?p1=5 (Accessed at: 30 November 2014). International Criminal Justice (2014b) The Court. Available at: http://www.icj-cij.org/court/index.php?p1=1 (Accessed at: 2 December 2014) United Nations Security Council (2014a) United Nations and the Rule of Law. Available at: http://www.un.org/en/ruleoflaw/index.shtml (Accessed at: 29 November 2014). United Nations Security Council (2014b) UN at a Glance. Available at: http://www.un.org/en/aboutun/index.shtml (Accessed at: 29 November 2014). United Nations Security Council (2014c) General Assembly of the United Nations. Available at: http://www.un.org/en/ga/about/index.shtml (Accessed at: 1 December 2014). United Nations (2012) General Assembly Security Council. Available at: http://peacemaker.un.org/sites/peacemaker.un.org/files/SY_120630_Final%20Communique%20of%20the%20Action%20Group%20for%20Syria.pdf (Accessed: 1 December 2014). 1
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