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The role of the International Criminal Court is significant as it has prevented several looming crimes on humanity!

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Development of crimes against humanity under international criminal law:- 

Crime against humanity is not a current phenomenon. It has been a part of history. Crime against humanity is initially done by the landholders or the owner of the property. The rulers came later, and to retain power and wealth, a crime against humanity is continued. In recent times, the race for power, domination, and aggregation of wealth brought about the crime against humanity. The United Nation Organization as a world-class organization focused on the fact, and the organization has separated a unit to look after the countries committing such a crime of large scale.

Due to a lack of definition or proper understanding, a crime against humanity has evolutionary been defined by jurisdictional activity and by different international systems and norms. The International criminal tribunals have been responsible for looking after the crimes until the international Criminal Court's establishment . Both customary and positive international law has depicted an efficient judicial cooperative way for facing these acts with the development of its gradual conceptualization and then final codification . It was also developed through the punishment and prosecution of those committing such kind of heinous crimes. The crime against humanity is a legal element as it has consolidated the International law . So how critically evaluate the development of crimes against humanity under international criminal law.

In the Sixty-fifth session of the commission, the topic of crime against humanity was included as it was proposed by Mr. Sean D Murphy. In the General Assembly of United Nation, in a paragraph of its resolutions 68/112 included the topic on 16 December 2013 . It is found that crime against humanity was adopted provisionally by the companion in the sixty-seventh session. In article 1, there is the scope of the act. It focuses on the prevention and punishing of crimes against humanity. The law provided general obligation to all the states that crime committed against humanity in armed conflict or any other ways are the responsibility of the states to punish or prevent the criminals committing the crime .  The meaning of crime against humanity is described as any of the acts when committed as a part of systematic, widespread attack directed against any population. the acts include extermination, murder, enslavement, forcible transfer of population, severe deprivation of liberty, torture, rape, forced prostitution, forced pregnancy, or enforced sterilization, the prosecution based on national, ethnical, racial, gender, or religious identity.  The law also includes the disappearance of a person, the crime of apartheid, intentionally causing great suffering .

The role of the International Criminal Court is significant as it has prevented several looming crimes on humanity. The formation of the International Criminal Court has allowed the victims to appeal in the court to prevent the larger crimes intended or being committed throughout the world. It is realized the gruesome crimes may affect the whole world is a threat to the peace and integrity of humanit y. The International Criminal Court focuses on the settlement of the cases according to the territorial laws. The court has a limited scope of functioning. The clearly defined cases are the areas where the criminal court functions effectively with International Criminal laws.

Mladic 2017 stated that the international Criminal law failed to prevent mass killings when there is a widespread occurrence of the killing of impunity. Due to war crimes, a large number of people are killed. On Mladic, the charges of war crime and genocide have been imposed. It is regarded as a high point in the area of global justice. His punishment for rigorous life imprisonment for cleaning operations in Bosnia and the massacre of the particular religious communities such as Muslims became the major crime. But the single success in prosecuting a person does not show the efficiency of the international criminal justice system. When the International Court of Justice was created, it was presumed that the court could function effectively and efficiently to manage the system. It is alleged that the international criminal court is unable to function more effectively and neutrally as it has focused on the crimes in Africa. There remained a degree of illusion the focus. Despite the focus and special attention towards the prevention of the crime against humanity, the problems continued, and in some places, it remained passive onlooker instead of acting to prevent the criminal intention of countries. Therefore, the International Criminal Court remained unsuccessful in punishing the criminals in most cases since its inception. 

Despite the progress of the civilization, the ICC, as a protector of the victims of injustice, needs to be credible, effective, and independent. The court needs to focus on the development of ICC to independently resolve the problem of international crime.The low ranking officials are found to have avoided the arrest on the warrants. The internal criminal court seeks assistance from the state authority to resolve the issue related to crime against humanity. The International Criminal Court in case of arrest warrants against the criminal provides the warrant to states to manage the criminal, but the low ranking officials are found to avoid taking strong actions on the warrants. It is founded to be a setback of the International Criminal Court that the court faces. In the case, Prosecutor V. Ahmad Muhammad Harun and Ali Muhammad Ali Abd-Al_Rahman, the warrant of arrest were released on 2 May 2007. One of the accused is found to have faced 49 charges of crime against humanity and also faced the charges of war crimes. Another accused in the case has 51 cases of crimes against humanity including rape . The perpetrators have been fugitives since 2007 . It is found to be a rare case as it is the first case in which the head of the state is indicated.  These laws are considered to be serious to be a serious violation of the principle of humanity and human rights. This violation breaches international law . In term of terrorism that has violated the humanity laws at large continues to affect the people more largely. Despite the focus on terrorism that has violated human rights on a large scale, it is found to have increased nine-fold. It is also startling to know that terrorist attacks are taking place on the civilians or the general public instead of military-political civilians. The nature of atrocities emerged from terrorism, can hardly be ignored, and it may be a greater threat to the future if the issue is not taken seriously. It is found that the focus of the International Criminal Court has not laid on terrorism, but the law regrinding crime against humanity includes the portion regarding terrorism. This is a sort of serious crime on humanity and it requires urgent attention. In the system of international law, the charter of the United Nations Organization focussed on banning the use of force or threat and endowed Security Council with the power to use force after sanctioning through veto power. The UNO is a good experiment to prevent the crime against humanity, and later on, it has played a crucial part in the development of peace and security to prevent injustice to humanity.

The International Criminal Law developed out of the peace understanding among the nations that fought against the Nazi and fascist powers that have attempted to exert authority over the entire world. Humanity was protected under the guidance of alliance power and formed an institution to prevent people from the crime. The initial attempt to protect the crime against humanity failed with the formation of the league of the nation, and the subsequent attempt to prevent violation of a human right on a large scale is being carried out by the International Criminal Court under the United Nations Organization.

As per the obligation of the International Criminal law, the genocide suspect is to be tried in the court. The person needs to be put before the Australian court to punish and prosecute him.  The Australian government needs to focus on the suspect of the genocide internally as an obligation to international law. The number of the victim in Croatia was unexpected. It has increased considerably. It is the intention of the people to commit the crime. The intention of genocide is the filthiest feeling among the people, and it requires severe punishment for the people and they need to avoid it.

It has been found that the international law is well-made, and can deal with the criminals committing the crimes against humanity, but the people who are assigned with the responsibility of execution is unable to focus on the way it needs to be executed, and therefore the law remains the law and it becomes less effective as the international court of Justice and International Criminal Court relied on the states to focus on the punishing and prosecuting the people.

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