War crimes Essay Example | Topics and Well Written Essays - 250 words

War crimes - Essay Example o justice has been the fact that it provides a mechanism for international prosecutions where crimes committed that are not catered for within the state policy can be looked into, in addition to this, heads of state are not immune to prosecution thus the full potential of justice is achieved (Maweni, 2011). The court is also not affiliate to the United Nations hence it is not a political instrument. With these views in place, the ICC and other tribunals are in a position to ensure that justice prevails (Maweni, 2011). However, despite these successes, the court is faced with some setbacks. The weakness that tribunals and the ICC face is the fact that given the number and range of crimes that are committed against humanity, it is hard for the ICC to decide on which ones to prosecute and which ones to leave (Russell & Elliot, 2002). This is under the trigger mechanisms, which are three ways under the Rome Statute through which cases can be taken to the ICC. A state party forwarding a case to the tribunal is the most contentious issue because state decision may be interfered with sovereignty and power of the concerned parties (Russell & Elliot, 2002). Therefore, justice for war crime victims may not be achieved if a country does not forward its case to the ICC. As per discussions in the meeting, to ensure that international bodies ensure justice in cases of war crimes, it is the responsibility of various states to support its initiative. This is because the courts can only act in areas where they have jurisdiction. Countries such as America do not support it and this and other nations that do not support the tribunal may be impeding the true course of justice that may be provided by an international tribunal and the International Criminal