The Only Efficient Instrument

Author : Mahmoud Refaat
Publisher : Mahmoud Refaat
ISBN 13 :
Total Pages : 259 pages
Book Rating : 4.8/5 (661 download)

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Download or read book International Justice as Efficient Instrument to achieve International Peace and Most Important Obstacles on Its Route written by Mahmoud Refaat and published by Mahmoud Refaat. This book was released on 2023-06-01 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: International justice refers to the system of laws, norms, and institutions that govern and enforce justice on a global scale. It encompasses the principles and mechanisms aimed at holding individuals and states accountable for serious violations of international law, including human rights abuses, war crimes, genocide, crimes against humanity, and aggression. At its core, international justice seeks to establish and maintain a fair and just world order where individuals and states are held accountable for their actions, and victims receive redress and justice. It operates within the framework of international law, which consists of treaties, conventions, customary international law, and the decisions of international courts and tribunals. The key components of international justice include international criminal law, international courts and tribunals, transitional justice, human rights institutions, national jurisdictions, and enforcement mechanisms. First of all, International criminal law defines and establishes the criminal offenses that fall under the jurisdiction of international courts and tribunals. It sets out the rules and procedures for prosecuting individuals responsible for crimes of international concern, such as genocide, war crimes, crimes against humanity, and aggression. Secondly, International Courts and Tribunals are judicial bodies responsible for adjudicating cases related to international crimes. The most prominent examples include the International Criminal Court (ICC), the International Court of Justice (ICJ), and ad hoc tribunals like the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). Thirdly, Transitional Justice refers to the processes and mechanisms used to address human rights abuses and promote accountability during transitions from conflict or authoritarian rule to democracy and peace. It often involves truth commissions, prosecutions, reparations, and institutional reforms. Furthermore, International justice is closely linked to the promotion and protection of human rights. Human rights institutions such as the United Nations Human Rights Council (UNHRC), regional human rights courts, and non-governmental organizations (NGOs) play a crucial role in monitoring, reporting, and addressing human rights violations. Another important component is national jurisdictions. International justice relies on the cooperation of national legal systems to enforce international law and prosecute international crimes. States have the primary responsibility to investigate and prosecute crimes within their jurisdiction, and international justice mechanisms often complement national efforts. Finally, enforcement mechanisms also play a significant role in the achievement of international justice. International justice mechanisms have varying degrees of enforcement authority. While international courts can issue arrest warrants and make rulings, they depend on state cooperation for the arrest, extradition, and enforcement of sentences. Additionally, the United Nations Security Council can refer cases to international courts and impose sanctions on states that fail to cooperate.