International Criminal Law Case Study Analysis
Genocide has also been committed because the elements of the genocide indicates that the conduction in the context of the manifest pattern will occur.Furthermore, the same conduct that will affect him or herself and leads towards the destruction is also a part of genocide. Genocide is an act of committingany assault or causing harm or having an intention to destroy someone or a group of people. This purpose is fully fitted in the scenario of seven kingdoms by the charismatic leader Daenerys who wants to destroy all the ethnic groups form the seven kingdoms.
The charismatic leader Daenerys wants to destroy the ethnic groups by killing the members of that groups, causing serious physical or mental harms to them, physical destruction of the group by destroying them and their culture, the idea to prevent and stop the new baby births in the groups and by transferring the children of one group to another, which might be totally different in culture.
Question 3:
The office of the prosecutor must be able to exercise jurisdiction and prosecute Daenerys for war crimes. For this purpose, the process which is required by the International Criminal Court (ICC) 1998 to acquire and exercise the jurisdiction with respect to the state and individual defendant. The key principles and legal authorities must be involved while deciding the jurisdictions for the state or any kingdoms. In addition to this, while deciding for jurisdiction, it must be known that the things are different (slightly different) for aggression. This thing has been identified with the help of Kampala Amendment and gradual development program.
There are some principles for subsidiarity or complementarity in the International Criminal Court (ICC) 1998 mentioned in the article seventeen (17) of the law states that one has the jurisdiction if the national court is either unwilling or unable to prosecute in the form of the state parties. Article 86 of the law states that the state parties are expected to cooperate with International Criminal Court (ICC) 1998 if the above situation occurs again. In this case, the national court are willing to prosecute but they are unable to do so.
According to the article 17 of the law; if the government is unable to prosecute, but is willing for that then the government will be democrat in the country or seven kingdoms or state. In addition to this, the democrat country will be willing to provide accountability and rule of the law,to which the charismatic leader Daenerys will no more be able to make attempts to bring destruction to the country and its tribes or ethnic groups. Furthermore, in the democratic government, the leadership will be corrupted in the form of the police or in the form of the judiciary. Apart from the country’s internal disasters, the foreign state will also refuse to deport the suspect to the democratic government of seven kingdoms in this armed conflict.
According to the article 8 of the law; the court must establish the jurisdiction in respect of war crimes, in order to provide the commitment as part of the plan and policy or as the part of the commission of large scale for such crimes. For this purpose, article 126 of the law states that the crimes that have been committed after the entry within the force of the Rome of Statue on the date of 1st July 2002. At this date, the number of states which possess the label of the party after the entry with in the force of thee Rome Statue holds thee competence of the International Criminal Court (ICC) 1998 for those crimes who have been committed after the working of the Statue in to the force of the State. In addition to this, article 25 of law says that the crime will be allegedly committed when the person will cross his or her age from the figure of 18 and no any immunity will be provided to the accused person due to his or her official rank in the government department.
Question 4:
The modes of criminal responsibility that the office of the prosecutor seek to argue in respect of the potential charges against the Daenerys are commission, ordering, instigating, assistance and contribution to a group crime.
The commission criminal responsibility argues on the power of an individual that what are the power an individual has possess in the form of the degree off their culpability or the degree of the strictly constructed culpability. The great thing is that the person in this case will use another person to perform some actions rather than performing them on his own, and the same thing happened in the scenario when Daenerys used the senior generals to support her idea and usedhim as her right hands, instead of performing her own actions.
Article 25 of the law further states that the person must be on the position and possess the great authority as the Daenerys has. She is on the commander position. In addition to this, the person must be given the result-oriented orders and must be mentally strong to take decision and pursue to follow herself by thousands of people in the state or kingdom. The person must have an ability to take the responsibility of the results as he or she will be preparator as the Daenerys has. Apart from this, the person must be facilitator of the crime, if not then must have the substantial effect. In this scenario, the person does not need for causality and the casual connection because the actions are assisted in the commission of crime and the person are not directly connected with the actions of crime. This must be considering the strongest and the weakest form of complexity.................................
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