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.
[...] Chapter IV Possible solutions to end the conflict by judge the responsible The creation of a “truth commission” We can also points out that, among others temporaries solutions, while responsible for bringing such a holocaust upon the Cambodian peoples can no longer be held accountable or brought to justice, the international community can hold a “truth commission” that would bring to light the horrific events of the past and help Cambodia bring about an atmosphere of reconciliation and hope for the future. [...]
[...] A more logical and expand interpretation and definition of the international crime of genocide should thus be a good reform in international criminal law to protect some groups which are or were very vulnerable and to punish the responsible The current Special Tribunal for Cambodia Nearby thirty years after the Cambodia's genocide, an international court will howsoever try to judge some of the former leaders of the Khmer Rouges. However, even the Organization of the United Nations are a little bit doubtful about the outlet of such a case. [...]
[...] Chapter II - Requirements for the crimes considered by the international criminal law Crimes against humanity Of course in our world, crimes against humanity are prohibited, especially to intend to “safeguard basic human values by banning atrocities directed against human dignity”. Crime against humanity is defined in the ICC Statute. Unlike the crime of genocide, which will be discussed further, the crime against humanity can be committed either during armed conflict or in time of peace. It exists a list of crimes which are considered as crime against humanity when they are committed as “part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack”. [...]
[...] 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. In order to answer this question, we will first make a short reminder of the history of Cambodia during the period concerned by the genocide. After this first explanation, we will see what are the requirements for each crime punishable by the international criminal law. [...]
[...] Chapter III The juridic problems of the Cambodia's “politicide” Explanation on the choice of the word “politicide” The difficulties with the event which occurred in Cambodia is that, like we will see after, it is not really a genocide if we look at the official “definition”. Politicide is a neologism, literally translated as "political murder". It is used in two different meanings, namely a politically motivated killing of people and elimination as a political entity. As these are the communist who killed rich and intellectual political opponents, I thought “politicide” was the best word to introduce this mass murder Can the “Cambodia's politicide” be considered as an international crime ? [...]
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