Tuesday, May 5, 2020

Influence of Power and Politics on ICJ †MyAssignmenthelp.com

Question: Discuss about the Influence of Power and Politics on ICJ. Answer: Influence of power and politics on ICJ. In world affairs, International Criminal Justice has turned out to be a gradually significant aspect. The International Criminal tribunals have conducted trials of heads of state of eight countries during the past two decades. This field of international law deals with trials of organizers of abuse of human rights and crucial crimes of war. The purpose of ICJ is to decide disputes which can be submitted to a court and then the justice principles that are expressed in rules of law can be used to determine those disputes. The International Criminal Justice however faced challenges. The connection between politics and law has led to many judicial process of selection being politicized and also the political actors intrude in the legal process (Bosco 2013). There has been criticism on strong states impacting the international judicial institutions by either opting out of their jurisdiction if the rule does not favor them or by openly shaping the courts configuration by themselves. This act renders the rule irrelevant or warped. Also, the argument that tribunals and international courts are self-perpetuating rigid institutions pursuing to apply a solution that is legal and pursue expansion of their influence and power, to an extent of foregoing the achievement of their underlying goals is also a criticism. A global legal network that does not contain accountability, government structure and enforcement cannot evade various problems. In addition, courts are not used responsibly or competently by the states but rather the impending work of the court is interfered with for political reasons (Crawford 2007). It is acknowledged, in international courts and tribunals there is a relationship between law and politics. However, this causes one party to be misguided. Courts should be strong to make judgments without any influence. References Bosco, D. (2013).Rough justice: The International Criminal Court in a world of power politics. Oxford University Press. Crawford, J., Grant, T. (2007). International Court of Justice. InThe Oxford Handbook on the United Nations.

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