Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
Yet, at the same time, as some of these atrocities were being committed, NATO would attack Serbia in an effort to halt these violations. In this aspect, one could argue that the actions taken by NATO were in violation of international law. As they were not supported by a UN mandate, instead the actions were NATO countries working in concert with one another to go after Serbia. This is despite the fact that Serbia did not attack any of NATO allied nations.
When you look at the situations from the realist perspective, they would argue that the application of different international standards is an attempt to circumvent the power of the nation state over its people. Where, the ICC is unilaterally determining what actions are considered to be violations of international law. This is despite the fact that they are not held accountable to any kind of democratically elected body or state. As a result, you could have a situation of selective prosecution occurring, where various international standards should apply but they do not.
For example, using the NATO lead military action against Bosnia, one could argue that the NATO was in violation of war crimes, based upon the language of the law itself. As war crimes is defined as, "Willfully causing great suffering, or serious injury to body or health."
This is confusing, because the provisions make it appear as if NATO is violating the same basic standards to go after Milosevic. According to realists, these different theories do not work, because they fail to address the underlying problems with the international community. As they are attempting to provide an idealistic solution to the situation, but they do not account for how they can be implemented in the real world. Once this begins to occur, it could create more confusion, as these standards are constantly moving. At which point, it is only a matter of time until unilateral violations will occur and the world community is unable to enforce various laws. This is significant, because it shows how the ideas of international law are confusing and unclear, which often makes the situation worse.
In comparison, neo-realists would believe that the establishment of international standards could have a dramatic impact upon the nation state. This is because; the various institutions and laws that they established are enforceable around the globe. This helps to slowly create various case precedent and legal systems in interpreting international laws. At which point, the different violations...
Over the course of time, this could lead to a shift in the behavior of nation states and individuals. As they are being held accountable for any kind of actions they take. When you apply these views to the Milosevic trial, they are highlighting how a shift has taken place. Where, those individuals who have knowingly committed various atrocities will be held accountable for their actions. Over the course of time, this will have positive implications for the rule of law and how various nation states are acting. Where, these different standards will hold everyone accountable for their deeds. This is despite the fact that Milosevic committed these crimes and was protected from the charges for many years. As the various laws and legal institutions would not stop until he was brought to justice for the atrocities that he committed. In this case, the Milosevic trail is underscoring how a shift is taking place in international law. As various institutions and legal procedures, are moving beyond the traditional areas of international law, by establishing new legal frameworks for such proceedings. At which point, such violations of these standards will hold various governments and individuals accountable.
Bibliography
Franck, Thomas. "What Happens Now?" American Society of International Law. 97, no. 3 (2003): 607 -- 620.
Goldsmith, Jack. "The Limits of Idealism." Daedulus. 132, no. 1. (2003): 47 -- 63.
Higgins, Rosalyn. "Policy and Impartiality." 915 -- 931.
Thomas Franck. "What Happens Now?" American Society of International Law. 97, no. 3 (2003): 607 -- 620.
Thomas Franck. "What Happens Now?" American Society of International Law. 97, no. 3 (2003): 607 -- 620.
Thomas Franck. "What Happens Now?" American Society of International Law. 97, no. 3 (2003): 607 -- 620.
Thomas Franck. "What Happens Now?" American Society of International Law. 97, no. 3 (2003): 607 -- 620.
Thomas Franck. "What Happens Now?" American Society of International Law. 97, no. 3 (2003): 607 -- 620.
Thomas Franck. "What Happens Now?" American Society of International Law. 97, no. 3 (2003): 607 -- 620.
Jack Goldsmith. "The Limits of Idealism." Daedulus. 132, no. 1. (2003): 47 -- 63.
Jack Goldsmith. "The Limits of Idealism." Daedulus. 132, no. 1. (2003): 47 -- 63.
Jack Goldsmith. "The Limits of Idealism." Daedulus. 132, no. 1. (2003): 47 -- 63.
Jack Goldsmith.…
Bibliography
Franck, Thomas. "What Happens Now?" American Society of International Law. 97, no. 3 (2003): 607 -- 620.
Goldsmith, Jack. "The Limits of Idealism." Daedulus. 132, no. 1. (2003): 47 -- 63.
Higgins, Rosalyn. "Policy and Impartiality." 915 -- 931.
Thomas Franck. "What Happens Now?" American Society of International Law. 97, no. 3 (2003): 607 -- 620.
" (Coleman, 2003) Coleman states that by the very nature of international disputes and the states desiring to protect their national interest results in "all international disputes" becoming "inevitably political in nature..." (Coleman, 2003) Variation is noted in the 'degree of political volatility' that will exist and notes as well that "just how political a dispute will be extremely subjective." (Coleman, 2003) the dependent factors are stated to within a matrix
" (Grigg, 19) That Muslim passengers trigger these bouts of anxiety is unfortunate. The panic that is current many years after 9/11 shows that the terrorists have succeeded in terrorizing the society. Legally search and security ought to be non-discriminatory and legal for which amendments have to be made in the law. Facility to cause an absolute search of people and cargo must be present at airports and there must be
Conflict of LawsIntroductionA discrepancy between the laws of two or more jurisdictions has some bearing on a case, such that the outcome is determined by which jurisdiction�s law is applied to each subject in question. The contradictory legal rules could stem from federal law in the United States, state law in the United States, or international law. When competing laws emerge, the first question emerges: which law should be employed
European Union a state, or what else distinguishes it from other International Organizations The primary question concerning global organizations as a medium of global governance relates towards the quantity and excellence of this governance within an era where we now have an overdeveloped global economy as well as an under-developed global polity (Ougaard and Higgott, 2002). There's a powerful disconnect amid governance, being an efficient and effective collective solution-seeking process
Law Enforcement and Computer-Based Crime Before beginning any discussion regarding the consequences of employee monitoring, it is crucial to first develop a working knowledge of precisely what this blanket term actually entails. Simply put, employee monitoring is deliberate surveillance by an employer which is used to track various behaviors, such as a worker's visitation rate to certain websites, as well as to transcribe and archive written correspondence in the form of
The abuse of power is a temptation that is succumbed to all too often in both groups; one recent study of an unidentified Midwestern police force found that TASERS had become so effective at subduing resistant suspects and maintaining officer safety that worries arose regarding increased reliance on these devices (DeLone & Thompson 2009). The potential for abuse of TASERS has been well documented in other incidents by the