Vol. 3, Issue 1 (2018)
Conceptual framework of democracy and its impact on international criminal justice
Author(s): Pranav Ranga
Abstract: Traditional legal literature on the International Criminal Court (ICC) has by and large evaded the question of implementation. Ways to deal with questions of the Court's adequacy have likewise to a great extent overlooked the demand for tenable, real and pertinent administration of international criminal justice. The said literature shows an undeniable absence of concern for the impact of institutions, for example, the ICC on prospects of democratic transformations in post-conflict social orders. This Thesis posits that the basic objectives of the international criminal justice administration are best accomplished by coordinating concerns for democratic transitions in post-conflict social orders in the level headed discussion about the adequacy of the ICC. Expanding on a beginning diversion theoretic literature, the Thesis propels three hypothetical models to demonstrate that: (I) due to an absence of distinction between crimes carried out by government pioneers on the one hand, and by opposition bunches on the other, ICC prosecutions may boost pioneer crimes rather than dissuading them; (ii) to improve the adequacy of the Court, tolerance programs focused towards bring down level culprits ought to be used (just like the case in hostile to put stock in law authorization and the battle against sorted out crime); and (iii) mercy programs may upgrade discouragement (by making it costlier for pioneers to perpetrate crimes) and may likewise empower the ICC to accumulate convincing proof of the commission of barbarities.
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