Difficulties of application of international law – Example of the Cambodia genocide

Mathias B.

Commandez une rédaction : Dissertation en Droit international sur mesure

Devis en ligne gratuit

Dissertation Format .doc

Difficulties of application of international law – Example of the Cambodia genocide

Télécharger

Lire un extrait

Lecture
Résumé
Sommaire
Extraits

Résumé du document

This paper will show to the reader the difficulties which can appear in practice concerning the international criminal law. Indeed, several problems can occur. First of all, one has to know what the aim of the international criminal law is and we have to define what is the international criminal law. This kind of law is provided to contribute to the deterrence of major crimes and the protection of humanity . The crimes aimed for, in this international perspective, are the crime of genocide, crimes against humanity, war crimes and aggression . The international terrorism is not, until today, included in the ICC (International Criminal Court) Statute. International criminal law knew its beginning after the World War one, especially with the tribunals of Nuremberg and Tokyo . Despite the numerous conflicts around the world, the international criminal law did not know a real progress before the last years.

Sommaire

Introduction.
Historical context and birth of the Khmer Rouges.
1. Birth of the movement.
2. Ideology.
3. Seizure of power.
4. The Khmer Rouges regime.
5. The end of the Khmer Rouges.
Requirements for the crimes considered by the international criminal law.
1. Crimes against humanity.
2. War crimes.
3. The crime of aggression.
4. The crime of genocide.
The juridic problems of the Cambodia's 'politicide'.
1. Explanation on the choice of the word 'politicide'.
2. Can the 'Cambodia's politicide' be considered as an international crime?
Possible solutions to end the conflict by judge the responsible.
1. The creation of a 'truth commission'.
2. A more logical interpretation of the definition of the crime of genocide.
3. The current Special Tribunal for Cambodia.
Conclusion.
Bibliography.

Accédez gratuitement au plan de ce document en vous connectant.

Extraits

[...] Concerning the crime of genocide, it was first created to judge the responsible of the World War two, but nowadays its use has been extended. Indeed, since the creation of the International Criminal Tribunal for the former Yougoslavia[21] and the creation of the International Criminal Tribunal for Rwanda[22], the crime of genocide can also applied to other conflicts. The difficulties to qualify these events as a crime of genocide occupy in the fact that some people, like Becker Elisabeth[23], considered this genocide as a “autogenocide”. [...]

[...] The question of the war crime is more difficult than the one of the crime of genocide. Of course at the first sight we want to say that it was a crime of war, because o lot of people were killed, especially civil and military officers of the former regime. However, as we said above, generally speaking the crime of war can not be applied in a time of peace. The debate has thus to be focused on the fact to know if we can whether or not consider an internal massacre as a time of war. [...]

[...] Difficulties of application of international law Example of the Cambodia genocide Introduction This paper will show to the reader the difficulties which can appear in practice concerning the international criminal law. Indeed, several problems can occur. First of all, one has to know what the aim of the international criminal law is and we have to define what is the international criminal law. This kind of law is provided to contribute to the deterrence of major crimes and the protection of humanity[1]. [...]

[...] However, even the Organization of the United Nations are a little bit doubtful about the outlet of such a case. According to Ong Thong Hoeung, such a case has also a symbolic role. Indeed, he says that more than may be punished former leader, the goal of this tribunal is also to send a message to the current leaders, and say to them that now you are not able anymore to do what you want in Cambodia because perhaps one day you will be judge and put in jail[29]. [...]

[...] The main problem is relative to the requirements which are necessary for a crime to be prosecuted. The most flagrant example is concerning what one, at first sight, is tempted to name the Cambodia genocide. However, according to international criminal law, it is not so evident that this crime is genocide. The main question of this paper is the following: why sometimes victims of crime, in an international perspective, are not allowed to see the responsible of their suffering before a court, and can this fact lead to a side effect of the international criminal law. [...]

doc