Israel Under Trial!
By Austin Baas
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About this ebook
This book demystifies the complex cases brought against Israel in the International Court of Justice (ICJ) and the International Criminal Court (ICC), offering clear and concise explanations of the reality and implications. Perfect for anyone seeking to understand the nuances of these high-stakes trials, this insightful guide ensures that even the layperson can grasp the profound impacts on global justice and human rights.
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Israel Under Trial! - Austin Baas
INTERNATIONAL CRIMINAL JUSTICE :
THE ICC AND ICJ EXPLAINED
IN THE REALM OF INTERNATIONAL law, two institutions stand out as pillars of global justice: the International Criminal Court (ICC) and the International Court of Justice (ICJ). While both play crucial roles in maintaining international order and addressing breaches of law, their functions, jurisdictions, and methodologies differ significantly. This introductory article aims to elucidate the roles and operations of the ICC and the ICJ, providing a foundation for understanding their relevance to global justice and specific cases, such as those involving Israel.
The International Criminal Court (ICC)
The International Criminal Court (ICC), established by the Rome Statute in 2002, is a permanent institution tasked with prosecuting individuals for the most serious offenses of international concern. These include genocide, crimes against humanity, war crimes, and the crime of aggression. The ICC's jurisdiction extends to crimes committed on the territory of its member states or by their nationals, and it can only intervene when national courts are unwilling or unable to prosecute criminals.
Key Features of the ICC:
Individual Accountability: Unlike the ICJ, which addresses disputes between states, the ICC focuses on individual criminal responsibility. This means that high-ranking officials, military leaders, and even heads of state can be prosecuted for their actions.
Complementarity Principle: The ICC acts as a court of last resort. It intervenes only when national jurisdictions are unable or unwilling to prosecute criminals, thus respecting the sovereignty of states.
Investigations and Prosecutions: The ICC Prosecutor can initiate investigations proprio motu (on their own initiative), upon referral by a state party, or by the United Nations Security Council. This enables the ICC to respond flexibly to various international situations.
Challenges and Criticisms: The ICC has faced criticisms regarding its perceived bias, particularly accusations of disproportionately targeting African nations. Furthermore, some powerful