The control of the Exercise of Proprio Motu Powers by the Prosecutor Case Study

The control of the Exercise of Proprio Motu Powers by the Prosecutor of the ICC - Case Study Example At this point, all the investigations that had been opened were either received from the Security Council or referred by State in reaction to Darfur. Earlier before this case, the Prosecutor turned down the request to open investigations in Venezuela and Iraq. This step resulted to both fears and jokes of the Article 15 opponents as they felt that it might get to the point of politicizing OTP operations who might in turn utilize his powers to get back to the western powers1. Such fears still exist till now especially with more investigations being opened in Africa. Article 15 provides that in an event that the Prosecutor has the mandate to conclude that there exists reasonable basis for an investigation to proceed, then he or she shall have to table an authorization request before the Pre-Trail Chamber of an investigation. This submission has to be accompanied with concrete supporting material. At this point, the victims can now make representations according to the Rules of Procedur e and Evidence to the Pre-Trail Chamber (Amediola, 2006, 349). ... This is to determine if the crime committed falls under the courts jurisdiction, whether the court can be considered as being admissible according to Article 17 and whether that particular investigation will not be to the interest of justice. Based on the above, the PTC II believes that it has the right to authorize an investigation to commence on condition it is in control of all the mentioned elements; the most important of all being the jurisdiction of the court and the admissibility of the case. The Admissibility Issue The PTC II acknowledges the need for a Prosecutor supervision to ensure that his or her obligations under the Statute are mirrored. It requires that if the statue expects the Prosecutor to evaluate admissibility, then the PTC has to control this evaluation2. However, this contradicts with the Court law case with relation to Pre-Trail Chambers in assessing issuance admissibility of a warrant of arrest under Article 58 (Bruce 2004, 13). In a situation where there cri mes are widespread and the victims are many, like what happened in Kenya, then the Prosecutor has to insist on the crimes scale. Hence the gravity threshold has to be refined further for it to have an ICC procedural rule. Crimes against Humanity The crimes that were allegedly committed in Kenya are believed to be crimes against humanity because the situation did not leave the prosecutor with many options as its scope did not fall under war crimes or genocide as there were no armed conflicts involved. The question that remains is to determine whether the attacks that took place amounted to what was termed as crime against humanity as stated in Article 7 Statute of the ICC (Bolton 1999, 71). According to the Rome Statute, crime against humanity means the acts committed

Age of enlightment Essay Example | Topics and Well Written Essays - 750 words

Age of enlightment - Essay Example The second treatise of local government The author in this article conveys that man by nature is free and has no obligation to subject to anybody’s will. He neglects the idea of government and the punishment imposed by religious concepts.The author suggests that human being belonging to same species should not be subjected to discrimination and slavery but to equal freedom. Adam smith – Wealth of nations The author in this book explains about the feudalism and beurecracy existed during the industrial revolution of Europe. He beloved that feudalism spreading in Europe could hinder the industrial growth and only thing could save it is socialism. He believes that development is due to the specialization of labor and this only can give material well being. He mentions that self love is the reason for prosperity in man which is a nature only found in human beings. He claims that market is a place where individual co -operates with each other and where the talents of individu als are shared for material benefit. His theory says that the value of a thing sold in a market is the proportion of labor put in the making o f it and brought into the market. Comparison of Locke and Adam theory The similarity in both Locke and Adam’s proposition is that both believe in the human rights of people. They believed in the labor of the human beings and the value attached to it and right attached to it. Both these authors were in support of the laborers and working men. Both the authors talk about the discrimination of government towards the poor and needy. They both talk about property of nature and the law of nature. Locke suggests that â€Å"Adam and Eve, and after them all parents were, by the law of nature, under an obligation to preserve, nourish and educate the children, they had begotten†. In a way, both favor socialism and equal distribution of power, property and right to people. They demand that it in natural state, people have the right to do wh at they wanted to and in any case should not be subjected to slavery. Natural liberty was central theme to both of their writing. Locke claims that the government is formed in order to protect the property and Adam smith also talks about labor and property that is wealth of nation. Both the authors believe in a market which works freely and without any discrimination. Smith believed that society functioned in a capitalist way and mostly wants to exploit the laborers and working class. Smith mentions that â€Å"There is no art which one government sooner learns of another than that of draining money from the pockets of the people†. Smith claims that property is the effort of working class and same is said by Locks that property is labor mixed with an object. Both of them emphasize less on a government who disregard human rights and interests of common men. Contrast between Locke and Smith theory Locke mainly discuss about a community where individuals have free interest and ac quired natural freedom. He mainly focuses on human rights and property .On the other hand Adam Smith focuses on labor and its value and on the division of labor. According to Smith â€Å"In general, if any branch of trade, or any division of labor, be advantageous to the public, the freer and more general the competition, it will always be the more so†. Locke mainly mentions about the Government and their abusive way of governing the people. According to Locke â€Å"The legislature acts against the trust reposed in them, when they endeavor to invade the property of the subject, and to make themselves, or any part of the community, masters, or arbitrary disposers of the lives, liberties or fortunes of the people† He claims that instead of representing the people, government represent