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Go Back   Armchair General and HistoryNet >> The Best Forums in History > Historical Events & Eras > Warfare by Other Means

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Warfare by Other Means Economics, demographics, cultural, technological, and other factors that have affected the course of history.

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  #1  
Old 31 Dec 14, 23:24
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International Law or "Lawfare"

Are transnational courts the path toward broader peace or merely another tool of statecraft?

Here's an article to kick things off.

The International Criminal Court is struggling to justify itself amid accusations of bias against Africa

What do you think?
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  #2  
Old 31 Dec 14, 23:31
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Old 01 Jan 15, 11:36
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Quote:
Originally Posted by GCoyote View Post
Are transnational courts the path toward broader peace or merely another tool of statecraft?

Here's an article to kick things off.

The International Criminal Court is struggling to justify itself amid accusations of bias against Africa

What do you think?
My first thought was to look at who funds it. The answer is largely the EU and Japan. This is surely one of the challenges with transnational courts - unless everyone pays an equal share there must always be a real or imagined risk of bias that threatens credibility and maybe ability to act.

I note that the Palestinians want to join and will surely use this as political means to attack Israel. http://www.bbc.co.uk/news/world-middle-east-30645462

I have a concern that weak nations will use the ICC for their own political ends with EU and Japanese taxpayers picking up the bill. There are bad people around the world who deserve to account for their actions, though I don't know if this is the best way to effect punishment.

Last edited by Escape2Victory; 01 Jan 15 at 11:45..
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Old 12 Aug 15, 03:58
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statecraft,or another way to obtain domination over conquered
some experiment in Hague show true face,so any idea of ICC if it is not paid from UN directly wit h evidention of funds by many nations and not derivative from anglosaxon law , i fail an d statecraft
instrument of power nations.
US will never accept they did war crimes
so no base for healthy buil up from foundation
actually mass of shady operation which lead to mass killings and war crimes
are made by US
so it is just court for third adn countries who dont comply
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Old 12 Aug 15, 05:06
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My thought is that of course they can be and usually are both.
On the one hand, there is politics done through the courts - but that has been the case since the Athenians. Or the Romans. Does anybody think that the trial against Verres was devoid of political implications?

On the other hand, I always find laughable the complaint that not everyone is treated the same, or that some escape even indictment let alone sentencing, for two reasons:
1. Is everyone treated the same in any country's national courts? Or isn't it true that while this is a laudable objective, the non-international courts also fall short of it? And
2. Are national courts indicting and sentencing every criminal? Or do the majority of non-international criminals also escape their own country's legal system's retribution?

So why should the international court be held to a higher standard than the national ones?

Another interesting question is: are any innocents being found guilty? I know very well that in a perfect world, Francisco Franco should have been tried by roughly the same standards as Goering, and that therefore ours is an imperfect world. But was Goering found guilty while actually being innocent? The answer is no, thus while the international justice system of 1945 wasn't perfect (because it failed to even indict Franco), it also did more or less what it was designed for (finding guilty those who really were guilty and who could be brought before it).
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