Seminar paper from the year 2012 in the subject Politics -
International Politics - Topic: Public International Law and Human
Rights, grade: 1,0, Indiana University (Department of Political
Science), course: Politics of Genocide, language: English,
abstract: "Until now, when powerful men committed crimes against
humanity, they knew that so long as they remained powerful, no
earthly court could judge them." (Annan, Kofi, 07.28.1998) These
words of Kofi Annan, at that time secretary-general of the United
Nations, were spoken shortly after the adoption of the Rome Statute
of the International Criminal Court (ICC). They reflect the
international effort to investigate and prosecute cruel crimes
against humanity, war crimes, the crime of aggression and genocide.
The intent of this paper is to present a stance on the question
whether international indictments for crimes of mass murder in
Darfur are appropriate and justified. It will be argued, that the
international community has to punish perpetrators of mass violence
under certain conditions, because of the following crucial points:
(2.1) The international community has the moral and legal
obligation to do so, (2.3) international justice should be pursued
independently of regards to the peace process, (2.4) it may deter
others and possibly produce domestic pressures and changes.
Moreover, to be able to develop guidelines and policy
recommendations the paper will also consider (2.2) the types of
international punishment and who carries them out, as well as (2.5)
examine the real capability of punishment and criteria of success.
Before doing so, it is inevitable to (1.1) introduce the conflict,
(1.2) the genocide debate and (1.3) the international response to
the killings, because the stance on the use of international
justice in Darfur is ultimately shaped by the interpretation of
these issues.
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