Legality versus Legitimization: Questions in Implementing the International Humanitarian Law – A Review of the ICC
Onyoyo, Peter Onyango
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However much it may appear that every civilized State today has properly understood the meaning of armed conflict within the context of the law of Geneva, still remains a big paradigm. It is a challenge to presume that State parties have fully accepted the reasons why they should comply with the rules of the treaty to the letter. It is explicitly clear that many States have failed to generate adequate respect for the international criminal judicial system. This article seeks to discuss the paradox facing the implementation process by referring to the legality and legitimization of the International Humanitarian Law within the auspices of the International Criminal Court (the ICC). The foresaid previewed article brings into critical analysis main hurdles currently frustrating the law enforcement through domestication process and compatibility of law with modern socio-cultural, socio-economic, political and technological vested interests from various actors. This academic analysis seeks to thoroughly discuss the hypothetical predictions concerning the actual relevance of the Geneva Law in contrast to the rapidly changing international world order in relation to the current developing jurisprudence of the international criminal justice. It critically analyzes some of the key challenges posed to the effectiveness of the implementation process by the current dynamics of non international armed conflicts and the unfolding scenario reflected in the State resistance1 or opposability.