STATE SOVEREIGNTY AS A CHALLENGE TO INTERNATIONAL CRIMINAL LAW
Abstract:
The principle of state sovereignty, a cornerstone of international relations, has long posed challenges to the effective functioning of international criminal law. This abstract explores the complex relationship between state sovereignty and international criminal law, shedding light on the intricate dynamics that impact the pursuit of justice in a global context.
State sovereignty, the inherent right of states to govern their internal and external affairs without external interference, has often been invoked to shield individuals, including government officials, from prosecution for international crimes such as genocide, war crimes, and crimes against humanity. In this context, the principle of non-interference has been weaponized to resist international criminal investigations, undermining the mandate of international tribunals and courts.
The abstract delves into the historical and legal developments that have attempted to reconcile state sovereignty with the imperatives of justice. It highlights the establishment of international criminal courts and tribunals, such as the International Criminal Court (ICC), and their efforts to prosecute individuals irrespective of their official status. These institutions represent a significant step forward in bridging the gap between state sovereignty and international criminal law, but they continue to encounter resistance from states asserting their sovereignty.
Additionally, the abstract examines the role of customary international law and evolving norms in addressing state sovereignty challenges. As international criminal law evolves and gains greater recognition, customary practices may shift toward a more harmonious relationship with state sovereignty, recognizing the shared responsibility of the international community to prevent and punish international crimes.
The abstract concludes by emphasizing the need for a nuanced and pragmatic approach to navigate the tensions between state sovereignty and international criminal law. It calls for continued efforts to strengthen the international legal framework and foster cooperation between states and international institutions to ensure accountability for the most heinous international crimes while respecting the fundamental principle of state sovereignty. This delicate balance remains a vital challenge in the pursuit of justice on the global stage.
STATE SOVEREIGNTY AS A CHALLENGE TO INTERNATIONAL CRIMINAL LAW. GET MORE LAW PROJECT TOPICS AND MATERIALSr