Globalizacion de la corte internacional de justicia

Preface
Changes in the international system prompted by globalization led to a new conceptualization of heinous crimes. By definition, these crimes reflect precepts of universal morality which have been passed on to international law. There is more citizen inclusion in decision-making than in the past which leads to a reflection of state citizens’ wants and needs in the international arena. Inthe hypothetical scenario that people never achieved citizen status, the decision over what is to be considered heinous or amoral would still rest on the government’s hands. Those same government authorities by any name (pharos, monarchs, tsars, or presidents) have been responsible for the suffering of the people under their command in different ways that range from slavery to genocide. Thus,justice and redress for crimes perpetrated against ethnic and cultural minorities in the past was difficult to achieve. Partly because most of the time governments of sovereign states are responsible for heinous crimes against their citizens and partly because until recent times a positive law to prosecute and punish governments and civilians for these crimes was missing, genocides and war crimeswere perpetrated in the past with impunity.
As the international society evolved and nation-states were formed, the need for peace and stability arose first for survival, then for development. Periods of stability, usually after war featured innovation spread of literacy, and cultural advancement. One of these periods of relative peace was the Renaissance, which made people question their oldways of thinking and doing things. However, something bigger and more painful was necessary for nation-states to further the cause of peace. This was the First World War which led to the creation of the League of Nations as an early attempt to unify the world and maintain the balance of power lost after the Concert of Europe’s ability to maintain peace failed. The experiment with the League ofNations proved to be inefficient, but Wilsonian Idealism remained in the hearts and minds of people who ultimately materialized his vision through the creation of the United Nations in 1945. The United Nations acted as a conciliatory entity, but failed short to advance the cause of justice in and out of itself.
The Nazi crimes that came to light after World War II, especially the Holocaust were thenecessary requirements for the implementation of an International Criminal Court with a worldwide mandate. In this context, humanity’s goal was to stop genocide and crimes against humanity from ever occurring thus creating a new conceptualization of what is to be considered unacceptable. Furthermore, the most astonishing aspect of World War II in terms of people’s empathy for others’ sufferingwas finding out the Nazi atrocities against Jewish and other ethnic and cultural minorities and therefore “Never Again” became the anti-genocide slogan. The Jewish jurist Raphael Lemkin coined the word genocide and began a one-man battle for its prevention and punishment. Institutionally, the passing of the Genocide Convention, along with the Universal Declaration of Human Rights gave the UnitedNations reasons to create the International Criminal Court, and also gave countries an implicit responsibility to protect which arguably weakened the post-Westphalian notion of state sovereignty.
The coming of the 20th and 21st century’s globalization featured increased interaction between states which brought back the need for sovereignty to guarantee peace and stability. But becauseglobalization is dynamic, currently there is a need for intervention within sovereign nations in human rights grounds. This paradoxical situation is not likely to be solved in the near future but through the somehow binding power of the United Nations International Criminal Court. As long as the international society supports its efforts crimes against humanity will no longer be perpetrated with impunity....