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Report No. 156

Proposal for the Establishment of an International Criminal Court

10.22. The idea of the establishment of an International Criminal Court is not a new one. It has been a much discussed topic since the end of the first World War. It has assumed urgency in view of the fact that political aspects are not sufficiently regulated in the Hague convention of 1970. On September 14, 1970, the than Secretary-General of the U.N. proposed that hijacker should be brought to trial before an international tribunal.

In his view, the proposed international tribunal would defend the interests of all peoples and nations and would be effective if governments pledged themselves to extradite hijackers to be brought before the tribunal. One of the reasons for the establishment of an International Criminal Court is that some times it will be difficult for a National Court to punish an International delinquent.

In this connection, following three kinds of proposals have been made:

(1) A separate court administered by the United Nations; or

(2) A Special Division of the International Court of Justice; or

(3) A court by means of International Conventions.

But since many States do not still seem to be prepared to take stringent measures against hijackers and in view of the present state of international relations and affairs, preventive measures comprising of thorough searches of all passengers, and their luggage constitute the best means to prevent or at least minimise the incidents of hijacking.



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