War Crimes Prosecution in International Courts Assignment

Assignment Task

Introduction

The following assignment will entail researching a particular study within crime and socio-legal studies. This initial proposal will involve the research question; “What are the barriers to the effective prosecution of war crimes within International Criminal Justice”? This topic is contentious, intriguing and there are a lot of gaps to be investigated. It is certainly worthy of scientific inquiry due to its substantial social impact. War crimes/warfare are highly debatable due to the global involvement, both on a state and civilian level. Every individual from across the world has their own opinions, the spectrum ranging from pacificists to warmongers. However, the general consensus of civilians would condemn states engaging in warfare disputes. War has immense ramifications, and it results in a lot of aftermath.

In the research question, several concepts require unpacking. A major concept is war crimes. The term war crimes can cause ambiguity, and it is imperative to define it precisely. More importantly, how the definition of war crimes has changed over decades. According to The Law of Armed Conflict (2022), a war crime is a serious violation of the laws and customs that apply in armed conflict that can be prosecuted in international courts/tribunals.

Additionally, a concept that is intertwined with war crimes is what constitutes effective prosecution. The meaning behind effective prosecution is vastly subjective and opinionated. On the one hand, a group of people may believe perpetrators of war crimes should be executed in a barbaric method, alternatively, the other group advocates a less punitive approach.

The last keyword in the research question that requires conceptualisation is international criminal justice. To be pellucid, there are two international criminal courts, the International Court of Justice (ICJ), and the International Criminal Court). The ICC is a criminal court that prosecutes charges against individuals for war crimes and crimes against humanity, whereas ICJ cases involve state actions (What is the International Court of Justice and Why Does it Matter 2024). It is vital to differentiate them and comprehend the relationship between the two.

Research Question

The research question for this assignment is “What are the barriers to the effective prosecution of war crimes within International Criminal Justice”. I came to this, due to my interest in history and politics. Therefore, as I was deliberating about finding a topic that related to international crime, this caught my eye. I believe it’s important and relevant for this assignment as it is directly related to criminology and law. Not only is there relevance and importance behind this RQ, but I have personal motivations to study this topic meticulously. It’s an important subject to me personally as I feel certain states are not apprehended for their crimes due to their threatening power. This topic can certainly put you down the rabbit hole and that’s what makes this RQ so intriguing. I believe society and I must know about the war crimes that have been committed and how the ICJ decides to respond to them. I aim to explore the ins and outs of war crimes and how barriers are preventing efficacious prosecution of states within the International Court of Justice. 

Hypothesis & Justification

The RQ: “What are the barriers to the effective prosecution of war crimes within International Criminal Justice” is deductive research. This is because the question involves analysing two or more variables (Soiferman, 2010). The variables being investigated are ‘barriers to effective prosecution’, ‘war crimes’, and ‘international criminal justice’. These variables were mentioned previously in this proposal and are crucial concepts within this research.

With deductive research, it is essential to have a hypothesis to test the theory. The hypothesis will therefore assist or refute the research question. The hypothesis that I will be testing in my research will be the following: “Does effective prosecution deter war crimes”. This may appear as a weak hypothesis, but I believe that being concise is optimal (Prasad et al., 2001). It is only five words, but there is unlimited knowledge to uncover and indulge in. With this hypothesis, it will enable me to investigate the dynamics and challenges of prosecuting war crimes within the framework of international criminal justice.

The interconnectedness of these concepts and their significance within the larger context of international law and human rights must be acknowledged when analysing the relationships between barriers to the effective prosecution of war crimes within international criminal justice, and the hypothesis of “Whether effective prosecution deters war crimes”. Furthermore, research has exhibited that effective prosecution of war crimes is imperative for international courts and should contribute to the prevention of such future acts (Bohrer, 2012). This is a small glimpse into the further subsequent research that partially answers the hypothesis.

I believe that the hypothesis will result in partial correctness. Effective prosecution would deter future war crimes, but again, the concept of ‘effective prosecution’ is immensely subjective. Therefore, to conclude, it will require extensive research and multiple viewpoints.

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