Posted: August 11th, 2022

Treaties and Tribunals

Treaties and Tribunals
Ace my homework – Write a 5–6-page paper that answers the following questions:
Why are tribunals very important among two or more countries? (25%)
How can the cultural and political differences that exist between nations affect a tribunal? (30%)
What would happen if tribunals did not exist? (20%)
While the significance of tribunals among nations is important, what are the limitations of tribunals? Explain. (20%)
I need help writing my essay – research paper provide Ace homework tutors – APA citation and references where necessary. (5%)
Treaties and Tribunals
Why are tribunals very important among two or more countries?
Tribunals are vital components in addressing disputes between different countries to ensure that sustainable solutions are adopted. Tribunals have a wide range of significance between different countries. In this regard, tribunals are in a position to hold persons accountable for their contribution to crimes and conflicts that their nations have no capability or laws to address (Paulus, 2011). The tribunals adopt universal laws, policies, and procedures to address international crimes and conflicts committed by individuals or their respective nations. Adopting tribunals in addressing international crimes provides solutions for all the arising aspects, making it possible to dismantle the tradition of impunity for war crimes and violation of international law and policies.
The tribunals between nations can shield communities from accusations and actions of individuals within society. When specific individuals within the communities and nations engage in crimes against other communities and countries, it is perceived that the perpetrators of the crime were nations and communities and not individuals (Paulus, 2011). The perception that one nation or community is involved in hostilities against the other creates division and conflicts. On the contrary, the tribunal pinpoints individuals responsible for crimes against nations and communities, thus paving the way for reconciliation. Therefore, the tribunal makes it possible to bring origin and perpetrators of crimes to the limelight, thus ensuring that the conflicting countries can have sustainable reconciliations.
Tribunals between two or more countries ensure that rule of law is adopted to establish and empower local institutions in criminal justice, thus inspiring local ownership of results. The tribunal ensures that countries can achieve domestic and international solutions, thus achieving peace and coexistence (Hola and Van Wijk, 2014: 2024 – Essay Writing Service | Write My Essay For Me Without Delay). For instance, international criminal tribunals create strong judicial institutions to enhance the rule of law, thus increasing domestic actors’ confidence through objectivity and legitimacy in the criminal process when the conflicting parties are divided along ethnic, political, cultural, and religious lines. Therefore, the tribunals existing between two countries or more ensures that the parties can own the reconciliation and mediation process, thus attaining sustainable solutions.
How can the cultural and political differences that exist between nations affect a tribunal?
The cultural and political differences between nations negatively impact the tribunals, thus derailing the operations and benefits associated with them. In this regard, political and cultural differences affecting the conflicting parties make the tribunal dependent on its operations, thus derailing and negatively affecting the results and the process (Clark, 2014: 2024 – Essay Writing Service | Write My Essay For Me Without Delay). In this regard, the tribunal cannot work independently since they have to keep referring to the cultural and political institution in decision-making and taking of actions. Lack of independence makes the tribunal lack objectivity, affecting their decisions since they are marred with cultural and political issues.
The tribunals’ cultural and political influences result in a wide range of ambiguities in procedure in their establishments and legal status attached to the tribunals. The foundations and operations need to be standard and aligned with the rule of law to ensure efficiency and effectiveness in implementing duties and responsibilities. The tribunal formation procedure ensures that the right parties are involved in running the tribunals (Clark, 2014: 2024 – Essay Writing Service | Write My Essay For Me Without Delay). In this case, culture and politics play a vital role in the appointment of parties to the tribunals. The persons running the operation within the tribunal have vested interest in the process and the results. On the other hand, the tribunal’s legal status is negatively affected by culture and politics such that the tribunal subjects question the objectivity and legitimacy of the tribunal. Therefore, tribunals’ culture and political influences introduce different ambiguities, negatively affecting the process and results.
Cultural and political differences of tribunal affect its relationship with external and supporting institutions and factors such as the United Nations Security Council, affecting the tribunal’s operations, functions, and results (Stoddard and Chen, 2016: 2024 – Do my homework – Help write my assignment online). The tribunals are managed and operated under higher subjects such as the UNSC to ensure that their operations are monitored and regulated to achieve sustainable and beneficial solutions in the interest of all parties. Additionally, the UNSC provides financial and resource assistance; thus, they require total commitment from the tribunals. In this case, the tribunal’s cultural and political influence negatively affects the relationship, coordination, and cooperation with external institutions such as UNSC, thus resulting in conflicts in operations to the point of derailing or negatively affecting the gains from tribunals.
What would happen if tribunals did not exist?
Tribunals play significant roles in eliminating and reducing conflict and differences between countries leading to peaceful coexistence; thus, the absence of tribunals will result in consistent and regular conflicts. The absence of tribunals between countries would be very costly to communities and regions worldwide due to a lack of peace (Sperfeld, 2014: 2024 – Essay Writing Service. Custom Essay Services Cheap). In this regard, genocide cases would rise between communities and societies, resulting in loss of lives and property. Genocide entails the act and intention to destroy a whole or part of national, racial, ethnic, and religious groups. Sections and groups in the society are in constant competition for resources, political positions, or relevance, thus inclining them to engage in genocide to gain superiority in the competitions. However, a tribunal’s presence creates a deterrent effect to engage in genocide since parties involved in such crimes are under constant watch and would be liable in the event of genocide. Therefore, the absence of tribunals would pose a threat and a risk of sections or groups in society from being wiped out in other groups and communities’ interests.
The absence of tribunals would amount to the increase of grave breach of war laws and war crimes, causing mass murders and property destruction. The international laws, treaties, and conventions such as the Geneva Conventions prohibit one from torture, child soldiers’ use, and attack of civilian targets in public places such as schools and hospitals (Sperfeld, 2014: 2024 – Essay Writing Service. Custom Essay Services Cheap). There are grave consequences for the parties involved in violating the Geneva conventions or any other treaties or laws. The tribunals play as the custodians of the conventions, treaties, laws protecting societies, and regulating war and conflict. Therefore, the absence of tribunals would mean that some society sections are unfairly targeted during the war, thus leading to the loss of lives and property.
Additionally, the presence or absence of a tribunal would mean an increase of crimes against humanity and crimes of aggression across the globe, resulting in conflict, disorder, and discord among societies and countries worldwide (Sperfeld, 2014: 2024 – Essay Writing Service. Custom Essay Services Cheap). Crimes against humanity entail large-scale attacks, torture, slavery, imprisonment, rape, and murder of populations. On the other hand, crimes of aggression take the use of force by a country against other countries’ territorial sovereignty, integrity, and political independence. Tribunals ensure that crimes against humanity and crimes of aggression are prevented, and in the case, they occur they can be effectively handled to prevent them in the future. Therefore, the absence of tribunals would result in disorder and chaos in society due to different forms of crimes against humanity.
While the significance of tribunals among nations is important, what are the limitations of tribunals? Explain.
Tribunals significantly contribute to solving conflicts, and disorder between countries by the tribunals have limitations that derail their operations. There is a limitation on the number and compositions of judges to handle different legal disputes making the courts less productive regarding the global expectation (Clark, 2011). The international tribunals are composed of a predetermined number and compositions of judges; thus, they can be overwhelmed by cases relating to nations to the point, making it impossible to deliver in the different cases sufficiently.
The judges’ composition in the tribunals is composed of more foreign judges with less or no judges or representatives from the conflicting countries, thus making the operations ineffective and making the citizens and countries question the objectivity of results and process (Dwertmann, 2010 – Essay Writing Service: Write My Essay by Top-Notch Writer). The fact that conflicting nations lack sufficient representation in the tribunals makes it impossible to town the process, thus increased criticisms.
Additionally, the tribunal’s operation depends on the jurisdiction consent, meaning that the tribunals have limitations in the scope they cover. The tribunal has to get consent from the conflicting parties to solve the disputes (Dwertmann, 2010 – Essay Writing Service: Write My Essay by Top-Notch Writer). For instance, for the International Criminal Court (ICC) tribunal to get involved in the countries’ disputes, then the parties have to be signatories of the Rome Statute. In this case, when some parties do not consent to the tribunal operations or are not signatory to statutes or convention forming the tribunal, then a scope barrier arises.
References
Clark, J. N. (2014: 2024 – Essay Writing Service | Write My Essay For Me Without Delay). International trials and reconciliation: Assessing the impact of the International Criminal Tribunal for the Former Yugoslavia.
Dwertmann, E. (2010 – Essay Writing Service: Write My Essay by Top-Notch Writer). The reparation system of the International Criminal Court: its implementation, possibilities and limitations. Brill.
Holá, B., & Van Wijk, J. (2014: 2024 – Essay Writing Service | Write My Essay For Me Without Delay). Life after conviction at international criminal tribunals: An empirical overview. Journal of International Criminal Justice, 12(1), 109-132.
Paulus, C. G. (2011). A standing arbitral tribunal as a procedural solution for sovereign debt restructurings. SOVEREIGN DEBT FINANCIAL CRISIS, 317.
Sperfeldt, C. (2014: 2024 – Essay Writing Service. Custom Essay Services Cheap). Cambodian civil society and the Khmer Rouge Tribunal. International Journal of Transitional Justice, 6(1), 149-160.
Stoddard, J., & Chen, J. (2016: 2024 – Do my homework – Help write my assignment online). Young people’s response to The Response: The impact of political diversity and media framing on discussions of combatant tribunals. Journal of Contemporary Issues in Education, 11(1), 65.
Stoddard, J., & Chen, J. (2016: 2024 – Do my homework – Help write my assignment online). Young people’s response to The Response: The impact of political diversity and media framing on discussions of combatant tribunals. Journal of Contemporary Issues in Education, 11(1), 65.

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