The role of international juridical process in international security and civil-military relations
Armstead, James Holmes
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This thesis answers the following question: "Does the practice and theory of modern Transnational Juridical Institutions impact upon the development and maintenance of International Security within the complex of the Civil Military relation's paradigm, and if so, how?" Therefore it examines the effects of International Juridical Institutions upon the relations between civil authorities and the military structure within modern states. Since 1945 the international community has constituted four ad hoc tribunals, namely the International Military Tribunal at Nuremberg, the International Military Tribunal for the Far East, the International Criminal Tribunal for Yugoslavia, and the International Criminal Tribunal for Rwanda. Their mandate was to bring to justice those who have committed grave breaches of international law by the waging of aggressive war, crimes against humanity, war crimes, genocide, and crimes against peace; crimes committed with the use of the military. Their jurisprudence significantly challenged the relations between the military the state and the society not only in the state they had or have jurisdiction but worldwide. They have affected constitutions, attitudes, education, training, roles and missions of the military and posed limitations to the state by influencing domestic or international social and legal order. These changes within the civil-military relations and international security promoted by these international criminal courts highlights that international justice could be used as a useful political instrument. Hence, they were a success. However, the current political debate under the new permanent International Criminal Court reveals that systemic international justice has not matured yet to meet the needs of a world equipped with a plethora of weapons and highly sophisticated weapons of destruction that could allow for horrific crimes.
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