Complaining to the International Criminal Court
Written by R. A. Stewart
The international Criminal Court has a set of rules and standards which is binding between sovereign states. International Law is unlike Domestic law in that it does not have a police force or supreme court. It relies on diplomacy, reciprocity, and international consensus.
It basically relies on the good will of the leaders of the world to do the right thing.
Core Foundations
Treaties and Agreements
Formal written contracts between nations such as the Geneva Convention, The Paris Agreement, or Nato creating binding contracts between member states.
International Common Law
Unwritten rules derived from long standing practices out of a sense of obligation; diplomatic immunity, for example.
There are different branches of international law, they are:
1. Public International Law
Regulates relations between governments and international organizations in trade, conflicts, human rights, and territory.
2. International Humanitarian Law
Has expectant behaviour toward non combatants and rules of war.
3. International Human Rights Law
Has outlined obligations each state must meet in protecting human rights.
4. International Criminal Law
International criminal responsibility for war crimes and genocide.
5. Private International Law
Choice of law and jurisdiction in cross border disputes.
Note: ICC stands for International Criminal Court.
What the ICC cannot do is:
They cannot intervene in a domestic case such as an unjust sentence, unfair trial, or corruption unless this is occurred to a civilian population.
The ICC only steps in if a national state is unwilling to investigate or prosecute.
How to submit a complaint to the ICC
If you think a crime has been committed which falls under the jurisdiction of the ICC, you can submit a complaint to the Office of the Prosecutor.
The address is:
Evidence and Discovery Management Unit,
Office of the Prosecutor,
Post Office Box 19519
2500 CM The Hague
The Netherlands
Sentences handed down by the International Criminal Court
The maximum sentence which the International Criminal Court can hand out is 30 years., though a life sentence can be handed out in exceptional cases depending on the gravity of the crime, individual culpability, and other mitigating factors.
Sentences are served in designated state facilities which have a signed enforcement agreement with the courts.
Limits on Domestic Sentencing
International law has limits on domestic sentences. Human Rights boundaries set explicit boundaries on what sentences governments can impose:
(a) Prohibition of cruel, inhumane, or degrading punishment.
(b) Capital Punishment can only be given in the most serious of cases. It cannot be given to minors or pregnant women.
(c) Prohibition of Arbitrary Sentences requires that a person can only be punished according to a law which was in place prior to the crime being committed. Furthermore, sentences cannot be arbitrary or disproportionate to the crime.
According to Florida law, all participants in a fatal robbery are equally guilty or murder whether they committed the actual killing or not. It does not take into account whether there was any intent involved. There is no room for any amount of discretion in this law. This is a law which needs to be addressed, so I have started a petition to change this.
Read and sign the petition by clicking on the link below:
Click on the petition link below to sign the petition.
.jpg)
Comments
Post a Comment