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INTERNATIONAL CRIMINAL COURT – A RAY OF HOPE
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Author(s):
MISS SHREEJAYA RAJKUMAR PATIL
Vol - 7, Issue- 10 ,
Page(s) : 140 - 153
(2016 )
DOI : https://doi.org/10.32804/IRJMSH
Abstract
The International Law Commission (ILC), as an offshoot of its work on a Code of Offences (now Crimes) against the Peace and Security of Mankind, has been working on the idea of an International Criminal Court (ICC) since 1948. However, it took nearly fifty years before its endeavours got the concrete shape at the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of the International Criminal Court which was held at Rome from 15th June to 17th July, 1998.
- For further details, see: Aryeh Neier: “Waiting for Justice: The United States and the International Criminal Court,” In: World Policy Journal, 33 (1 October, 1998).
- Treaty of Versailles (UK Treaty Series No. 1 of 1919) was the Treaty of Peace with Germany and was signed on 28 June 1919. However, the insignificant result of the Treaty of Versailles in so far as concerns criminal responsibility in the international sphere is well known. The former German Emperor was declared by Article 227 guilty of supreme offences against international morality and the sanctity of treaties, but he was never tried or punished.
- For further details, see: V.N. Dadrian: 14 “Genocide is a Problem of National and International Law: The World War I Armenian Case and its Contemporary Legal Ramifications”. In: Yale Journal of International Law, 221-53 (1989).
- Aryeh Neier (1998), p. 33.
- For further details, see: Bryan F. MacPherson (1998): “Building an International Criminal Court for the 21st Century.” In: Conn. Journal of International Law, Vol. 13, pp. 1-26.
- The League of Nations did not give any consideration to the so-called Descamps Draft for the creation of a High Court of offences against international public order and the universal law of nations.
- For further details, see: Arthur K. Kuhn (1947): Editorial Comment: International Criminal Jurisdiction, In: The American Journal of International Law, Vol. 41, pp. 430-33.
- Ibid., p. 432.
- Vespasian V. Pella (1950): “Towards An International Criminal Court.” In: The American Journal of International Law, Vol. 44, pp. 35-68, at p. 38.
- Ibid., p. 39.
- Manley O. Hudson (1938): “The Proposed International Criminal Court.” In The American Journal of International Law, Vol. 32 (July), pp. 549-54, at p. 553.
- James Crawford (1994): “The ILC’s Draft Statute for an International Criminal Tribunal.” In: The American Journal of International Law, Vol. 88, No. 1 (January), pp. 141-52, at p. 141. Also see: James Crawford (1995): “Prospects for an International Criminal Court.” In Current Legal Problems, Vol. 48, pp. 303-18.
- For further details, see Revue International De Droit Penal (948), Nos. 3-4, p. 384.
- For further details, see: Revue De Droit Penal Et De Criminologie (948), No. 9, p. 826.
- See UN Document No. A/332 (21 July 1947), p. 5.
- Vespasian Pella (1950), pp. 48-49.
- Ibid., p. 48.
- For further details, see: Revue International De Droit Penal (1948), Nos. 3-4, p. 410.
- See: U.N. Doc. A/C. 3/221 (5 October 1948).
- For further details, see: Revue De Droit Penal Et De Criminologie (1948), No. 1, pp. 58-59.
- See: U.N. Doc. A/C. 3/221 (5 October 1948).
- Vespasian V. Pella (1950), p. 37.
- Yuen-Li-Liang (1953): “The Establishment of an International Criminal Jurisdiction: The Second Phase.” In: 47 The American Journal of International Law, 638-57, at 639 (1953). Also see: Yuen-Li-Liang: “The Establishment of an International Criminal Jurisdiction: The First Phase.” In: 46 The American Journal of International Law, 73-88 (1952).
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