International Criminal Justice Essay Example | Topics and Well Written Essays - 4750 words

internationalistic Criminal jurist - Essay ExampleThere are no guidelines that can serve societies that have endured a organisation process that included crimes against humanity and gross abuses f human rights, but that is currently making a democratic transition based on constitutionalism and respect for the individual. Fashioning an appropriate approach is rendered to a greater extent unwieldy to the extent that the former regime voluntarily gave up power as part f a bargain with the democratic opposition, and yet remains on the scene, plain continuing to control the armed forces and indispensable police apparatus. The Southern Cone countries f Chile and Argentina pose this challenge in its sharpest come-at-able form, but the same type f issue is posed for many other countries, including South Africa and some(prenominal) Central American countries.The complexity f this challenge has been widely revealed over the course f the support year or so by the controversy surrounding the arrest f the former Chilean dictator, Augusto Pinochet. At issue most fundamentally is whether international standards governing the accountability f leaders takes priority over the implementation f a national bargain in Chile, giving Pinochet effective immunity, and even a position f Senator for Life. Extending law to govern crimes f state has more generally resurfaced in this period as a result f the end f the Cold War, and even more so, the human abuse arising from the break-up f the former Yugoslavia during the course f the 1990s. For one thing, a special malefactor tribunal has been established at The Hague with authority over such allegations, as well as a parallel effort arising from the genocidal events that occurred in Rwanda in 1994. As well, through a transnational coalition f NGOs in collaboration with a series f governments, the Rome Treaty was signed in 1998 with the ending f establishing a permanent international criminal court. (Dammer 2006, 100-102)How can we explain this resurgence f intergovernmental vex in criminal accountability for political and military leaders acting under the authority f their respective sovereign states The impulse to impose such responsibility originated in a half-hearted way later on World War I, with the Versailles Peace Treaty recommending a criminal prosecution f Kaiser Wilhelm and a transaction for Germany to carry on against lesser figures in a special court established at Leipzig. These initiatives came to nothing, the Kaiser finding asylum in nearby Holland, and the Leipzig trials exhibiting Germanys lack f political will to punish its own nationals. International involvement between nations is not new. (Grotius 1853, 1-7) The twentieth century, however, has seen an incredible increase in the number and variety f international organizations, including the failed League f Nations f the 1920s, other post World War I agreements, and the united Nations and Bretton Woods agreements following World War II. The second half f the century has seen a virtual(prenominal) explosion f governmental and non-governmental organizations operating in the world arena. (Weigend 2002, 1232-1242)Despite the phenomenal growth f international cooperation and interdependence, the world is increasingly less humane. Conflicts generating Nazi-like atrocities have increased since the end f that regime, (Brown 1999, 10-11) as exemplified by ethnic conflicts in Rwanda, Bosnia, Indonesia, Sierra Leone, and Kosovo.