Category: Court

Abstract

The European Union is one of the best examples of regional integration frameworks in the world. In the current essay, the author examined this organisation from the perspective of the European Court of Justice. The legal institution is outlined as an example of how neo-institutionalism can improve and accelerate the process of integration. Two policies formulated and implemented by the European Union were examined with respect to their compatibility with laws from individual states. The European Court of Justice has adjudicated on disputes relating to environmental and social policies associated with the EU. The rulings made in these disputes helped create a new policy for the union. To this end, the court of justice was analysed on the basis of neo-institutionalism in relation to regional integration.

Introduction

History of the European Court of Justice

The European Court of Justice (ECJ) is well understood against the background of the European Union. The desire to come up with a judicial institution to address disputes relating to the coming together of the European states was first developed in the aftermath of the Second World War (Rosas 2013). The establishment of such a monumental institution is associated with the existence of other equally reputable organisations like the Supreme Courts established in various countries. The motivation behind the formation of ECJ notwithstanding, it is noted that justice is a universal requirement for the existence of any civilised society. The ECJ acts as the court of last resort with respect to the various disagreements reported among the European Union’s member states.

In Europe, justice is seen to be dispensed only in a court that has the requisite legal competencies. As such, judicial institutions in this region are required to meet a high threshold for them to be acceptable. According to Rosas (2013), the establishment of the ECJ is termed by many scholars as one of the major legal revolutions in history. Europe is an expansive continent. In light of this, the court appeared to set a precedent in the adjudication of cases involving parties drawn from different member states. The court derives its ‘universal court of appeal’ status from the papal courts of the Middle Ages. The EU law brings about the need to transcend beyond nationalism to what is envisioned as supranationalism. As such, the court has to operate as an overseer of legal justice in all the member states.

The judicial agency has evolved significantly over time. It has undergone a number of turbulent scenarios, some of which threatened its existence. However, as is the norm with other courts of law around the world, ECJ relies mostly on precedents to adjudicate on disputes brought before it. According to Arnull (2006), the court is a key component of the European Union. It plays a very critical role with respect to the enactment of laws that foster harmony within the regional bloc. The exact role of ECJ with regards to integration is highlighted more in this essay.

European Union: The Integration Process

In the current essay, the author analyses the amalgamation process from the perspective of a region with countries keen on forging a common interest. Rosas (2013) is of the view that regional integration is the process that brings together a group of countries interested in fostering economic, political, and social cooperation. The process is often enhanced by the setting up of certain regulatory frameworks and institutions meant to realise the common goal. According to Chryssochoou (2001), the assimilation process is brought about by the need to foster economic and political unity. It relies on decision-making initiatives at the government level of the parties involved.

Regional integration is an age-old initiative where member states have established common grounds to promote cohesion and peaceful coexistence. Wasserfallen (2010) is of the opinion that the process is necessitated by increased activities on the economic front. Consequently, regional blocs are formed with the objective of enhancing the movement of goods and persons and reducing trade barriers among the countries.

The European Union is a classic illustration of how the assimilation process takes place. Rosas (2013) holds the view that the integration relies on the theory of organisation. To this end, various theoretical frameworks are outlined when discussion the formation and functioning of economic entities. The theories are formulated with the objective of explaining the assimilation process in a detailed fashion. For instance, theories like functionalism, institutionalism, and law are outlined in integration debates to support the importance of regional assimilation.

The supra-nationalism associated with regional integration takes a long time to realise. According to Rosas (2013), the amalgamation process requires policies, which rely on the institutions put in place. The ECJ plays an integral role in adjudicating on cases that can enhance the integration process.

How the European Court of Justice Shapes Policy

For many years now, the European Union has acted as a model for integration in the world. The success of this organisation is attributed to the various policy frameworks formulated by the stakeholders. According to Wasserfallen (2010), the growth of the EU can be explained by member states’ adherence to the constitutional frameworks put in place. The European court is seen as one of the agencies that enable parties to resolve disputes with respect to the implementation of EU policies.

The ECJ enhances policy through its judicial authority. Davis (2005) argues that policymaking is realised through legislation. There are a number of cases adjudicated by the ECJ and which enhance the legislation of policy. A case in point is Luxembourg’s tax measures. The court settled this case and found that Luxembourg contravened the spirit of the freedom of movement (Kleinman 2002). In this regard, the ECJ enhances policymaking by interpreting the laws formed by the legislative arm of the European Union.

The court ensures that any inconsistencies are addressed, and all member states can adopt a uniform policy with respect to the establishment of businesses. Similarly, the EU has made it possible for people to traverse the region without having to pay additional taxes (Kleinman 2002). The ECJ adjudicates cases where some members try to impede the movement of goods and people across their borders. To this end, the court promotes adherence to these policies.

The adjudication of legal battles and interpretation of laws in relation to the existence of the European Union falls under the ambit of the ECJ. As already mentioned, the integration process relies on, among others, the theory of law. In light of this, the ECJ uses its powers to ensure that EU policies are adhered to by the members. Davis (2005) is of the view that the supreme status of the court enhances the legitimacy of its decisions among the nations that are part of it. Consequently, such decisions are seen as policy frameworks since they cannot be challenged by any of the parties. Examples include the taxation laws in the UK. The laws had to be changed to conform to the EU policies on the business establishment.

Theoretical Framework

Integration through Law

Integration of a regional bloc has significant political and social impacts on the parties involved. As such, it is important to analyse the legal frameworks behind the process. Such scholars, as Wasserfallen (2010) support the idea of a legal structure through which the integration process is promoted. The formulation of this theoretical framework is based on the idea that regional integration cannot be discussed in the absence of constitutionalism. The integration of the European Union is an example of a scenario where constitutionalism plays a key role in the formation of regional blocs.

As already mentioned, integration based on a legal theoretical framework is well understood from the perspective of a need for constitutionalism. Wasserfallen (2010) argues that such a theory highlights the legislative and adjudicative aspects of the law. A good example of this is observed in the EU where ECJ is established with the aim to enhance constitutionalism in the region.

The process of integration envisages the creation of supra-nationalist ideas. The theory enhances the integration process through legislative initiatives. The ECJ relies on the law to enhance these initiatives. A study by Cormac (and cited in Wasserfallen 2010) suggest that the law can be observed as both a toll and an object. Both of these elements enhance integration. Jurisprudence surrounding the subject brings to the fore aspects of federalism and comparative politics in the region. To this end, the law is seen as an avenue through which differences among member states are resolved amicably.

The ECJ addresses constitutional conflicts and pluralism among the member nations. Based on this theory, it is apparent that regional organisations require a sound legal system that will enhance the resolution of the various disputes that may arise during or after the integration process. The European court of justice makes use of the law to ensure that the policies developed by the EU are not violated.

Neo-Functionalism

The theory is derived from the larger framework of regional integration. According to Chryssochoou (2001), this model is seen as a build-up of the theory of functionalism, which was first advanced by Ernst B. Haas. The premise of regional integration promotes the said assimilation by emphasising on the roles of the specific agencies affiliated to a regional bloc. Functionalism assumes that regional integration is brought about by the need for development. The theory further postulates that the states forming regional entities have ‘internally functional’ institutions. However, neo-functionalism looks at the issue from a different perspective.

The force behind neo-functionalism is the idea of a new political community. Haas (as cited in Wallace, Wallace & Pollack 2005) assumes that regional integration intends to bring about the growth of a community with common interests. To this end, neo-functionalism disagrees with the notion that individual states can act as centres of different interests. The concept brings all the functions of the regional bloc into one centre.

The coming together of the European nations (as seen in their participation in the EU) is an example of the workings of the theory of regional integration. Wallace et al. (2005) argue that European harmony was fostered with the intention of promoting peace. Neo-functionalism was used to achieve the said objective. The divisions in Europe were driven by nationalist sentiments. However, neo-functionalism created the vision of a central supranational state. As such, the varying sentiments of nationalism are quelled.

Neo-functionalism helps to promote regional integration through three main mechanisms. The positive spillover is one of these strategies. It entails the need to have uniform policy measures with respect to the said integration (Wallace et al. 2005). The transfer of domestic alliances is another mechanism. According to Chryssochoou (2001), this element helps the nations to discard nationalism and enjoy the benefits of a supranational bloc. The technical automaticity, as seen from the perspective of neo-functionalism, is an ideal framework that should be used to advance the integration policy in the EU. The continued assimilation is supported by the strength of the individual supranational institutions.

Neo-Institutionalism

Neo-institutionalism, just like neo-functionalism, is developed from the theory of regional integration. According to Davis (2005), the theoretical framework was first advanced by John Meyer and Brian Rowan around 1977. Based on this model, it is assumed that organisational structures are shaped through knowledge, rational myths, and institutional forces. Davis (2005) explains that organisations are derived from political and social parameters. The implication is that the institutional framework of a given entity is developed on the basis of the ‘culture’ of such social and political parameters.

The element of institutionalisation is closely related to social stability. According to Jepperson (as cited in Davis 2005), this aspect is described on the basis of the ability of a society to incorporate its cultures into a given organisational structure. However, historical accounts of institutionalisation suggest that such factors are taken for granted. The result is the failure to realise the tenets of the organisational theory.

The need for regional integration and realisation of the organisational theory enhances the process of institutionalisation. Davis (2005) argues that for integration to work, institutionalism must be supported by specific mechanisms. In a study, DiMaggio and Powell (cited in Davis 2005) found that institutionalism is enhanced by a number of factors. The elements include political coercion, professional input, and the need to stop taking things for granted. Institutionalism becomes beneficial when these factors come together to realise integration.

The European Court of Justice and Regional Assimilation: Policy Fields

As already indicated in this paper, the ECJ plays a key role in the advancement of specific policies within the EU. According to Arnull (2006), the integration of any regional body is characterised by legal glitches. The court sets out policy by referring to precedents used to address the legal hurdles. Examples of such policy fields ranging from economic and political differences to social and environmental conundrums. In this section, social and environmental policies are compared.

Social Policy

Societies are characterised by the existence of a number of parameters that make up the social policy. Marriage, security, and healthcare are some of the social issues whose policies are framed under the auspices of the European Union. However, the guidelines vary between the member states. According to Arnull (2006), different countries in the EU have varying laws touching on social affairs. Consequently, there is a need to harmonise these legislations. The ECJ appears to be the ideal institution through which such harmony can be established. The reason for this involves the kind of cases that are heard and determined by this appellate court. The State of the Netherlands v. Ann Florence Reed, C-59/85 case is one such example.

The dispute at the heart of this case was the freedoms of unmarried partners with regards to their respective rights to residency. The dispute revolved around the definition of certain terms associated with a marital relationship (Wallace et al. 2005). According to Wallace et al. (2005), the parties failed to agree on the use of the term ‘spouse’. Article 10 of Regulation no. 1612/68, a spouse was regarded as a partner in a relationship brought about by marriage. The implication of this law was that the residency of an individual who does not fit the description of a spouse would be disregarded.

The reason why this case stands out is the fact that member states were invoking their domestic laws touching on social affairs. Wallace et al. (2005) opine that social development is unique in the different member states of the EU. Based on this argument, it is obvious that countries interpret legal matters based on their own social development process. The ECJ delivered a ruling to the effect that countries will have to make such interpretations based on the social progression of the EU.

The formation of the EU created a borderless region. With this development, citizens from the member states were allowed to move and settle freely within the region. However, residency is limited under some circumstances. According to Wallace et al. (2005), the social policies of the EU prohibit any form of discrimination against individuals residing in the member nations. To this end, the ECJ gave a ruling to the effect that a caveat on marital discrimination was prohibited. The results affected the social policy of marriage in the region.

Environmental Policy of the EU

The European Court of Justice, as already mentioned in this paper, impacts significantly on socio-political and economic policies used within the EU. According to Arnull (2006), the ECJ has delivered many rulings related to environmental policies. Most of these decisions made by this judicial body have a direct impact on the actual policies used in the EU. The supremacy of the court allows its rulings to have a bearing on the policy in question. The cases brought to this court allow it to interrogate a number of issues touching on environmental policies. For instance, some of the cases presented seek to address the rights of individual member states, cohesion in the legislative process, and the balance between the economy and the environment.

The cases brought before the ECJ encourage discussions on matters touching on environmental policy. Kleinman (2002) opines that given its superiority, the court has the ability to establish precedents. To this end, the various environmental cases determined by the judges are based on the need for precedents to allow for policy formulation. That notwithstanding, the locus of adjudication and interpretation of environmental matters is stipulated in Article 267 of the European Commission Treaty (Kapsis 2013). The article contains reference and infringement procedures as they affect environmental policies in the EU.

Cases relating to the reference procedures primarily seek to ascertain the litigants. In most instances, the EU treaty allows for various litigants to be incorporated into a legal suit. Arnull (2006) argues that the element enhances the legitimacy of the decisions arrived at in a ruling by the court. An example of a legal decision involving a reference procedure is Handelskwekerij G.J. Bier B.V. v. Mines DE Potasses d’Alsace S.A. (Wasserfallen 2010). The case was brought before the court as an appeal from a dispute that emanated from the Court of Appeal sitting at The Hague.

The dispute in Handelskwekerij G.J. Bier B.V. v. Mines DE Potasses d’Alsace S.A. involved the wording of “… the place where a harmful event occurs…” (Wasserfallen 2010, p. 1135). One side of the argument held that the phrase refers to the location of a hazardous event. Another interpretation views the statement as an indication of the place where hazardous occurrences brought about the damage. Wasserfallen (2010) illustrates that the defendant was accused of depositing 10000 tonnes of harmful chemicals into the River Rhine. The consequence was high salinity levels.

The plaintiff in the case was affected by the increased levels of salt content in the water. According to Wasserfallen (2010), the nursery was based in the Netherlands. Owing to the high levels of salt in the water, Handelskwekerij incurred additional expenses. The defendants argued that The Hague based court had no jurisdiction to determine the case. The lack of jurisdiction was brought about by the inability of the judiciary to interpret the location of the hazardous incident. Consequently, an interpretation from the ECJ was sought.

The plaintiff was a French-based company, while the defendant was from Germany. The court ruled that a plaintiff has the right to select the jurisdiction within which a given suit is to be heard and determined (Kapsis 2013). Such situations arise when two states disagree on the ‘wrongfulness’ of a deed and the location where the offence took place. Based on this ruling, the jurisdiction within which similar suits can be heard was expanded. It was seen as an improvement on the environmental policies of the EU, given that other members could now file a suit in any country when they are aggrieved.

Analysis of the Policies

In the two case studies above, the role of ECJ was analysed in relation to its adjudication and interpretation roles. The social policy limiting residency for unmarried partners is an example of discrimination. According to Kapsis (2013), regional integration aims at phasing out such elements of discrimination. Non-discrimination is the best way of attaining a supra-nationalist society. To this end, the ruling made by the ECJ is seen as a promotion of social policy in the EU. On its part, the environmental policy illustrated the ambiguous nature of the legal elements of a regional bloc. The inability to determine the location of a hazardous occurrence creates a scenario where companies can escape punishment for causing intentional harm to the environment. The ruling had significant impacts on the environmental policy of the union.

Case Studies of Taxation Decisions made by the European Court and their Impacts on Integration

In the introduction section, the role of the European Court of Justice was analysed. The analysis was carried out with respect to regional integration, specifically in the European Union. Malherbe et al. (2011) suggest that economic growth acts as a catalyst for regional integration. Consequently, the element of taxation becomes a vital subject of study in evaluating the role of a court of justice. With regards to the European Union, the ECJ has made several rulings on international taxation laws. According to Malherbe et al. (2011), taxation of individuals and companies is seen as a model through which such international practices can be evaluated in the context of regional blocs. The case studies can be used in various jurisdictions around the world to advance the idea of regional integration.

Taxation of Individuals

In the European Union, taxation of individuals is a policy that has been developed to cover a wide array of issues. According to Kleinman (2002), this fiscal practice is regarded as a right to be enjoyed by individuals. As such, citizens from member states are entitled to certain privileges based on these rights. Some of the benefits linked to taxation include pension, property transfer, and income from cross border activities. However, there are instances where such rights have been violated. Under such circumstances, the role of the ECJ is made evident when adjudicating on such disputes.

Transfer of residence

In the EU, individuals from member states enjoy the privilege of moving across borders with minimal impediments. Discrimination on the basis of nationality is discouraged. Kleinman (2002) indicates that non-citizenship in a given member state can be treated as grounds for irregular taxation. Malherbe et al. (2011) cite a case where Luxembourg appeared to violate the principle of equal treatment as envisioned under the European Union laws. The case in reference is C-385/01, de Groot v. Staatssecretaris van Financien.

The legal battle was based on a taxation provision by Luxembourg, which appeared to be inconsistent with EU laws. According to Malherbe et al. (2011), the laws in Luxembourg stated that once an individual transferred their residence to the country, excess income tax will be withheld by the national taxation authorities. However, the EU laws on the free movement of workers prohibit attempts by member states to inhibit such mobility. Article 39 of the EU laws on taxation (as cited in Malherbe et al. 2011) promotes equal treatment of individuals in terms of remuneration. The law renders ineffective any taxation measures that attempt to inhibit or curtail such equality.

With respect to the said case, the European Court of Justice carried out its mandate of interpretation and adjudication within the law. According to Malmberg (2010), Luxembourg’s taxation law was found to contradict EU regulations. The laws stipulate that “provisions which prevent or deter a national of a member state from leaving his state of origin to exercise his right to freedom of movement constitute an obstacle to that freedom” (Malmberg 2010, p. 23). The case was settled on the basis of an earlier precedent. The reference ruling established that withholding tax refunds amounts to infringements on the rights of employees.

Every legal framework limits the extent to which specific freedoms can be exercised. Kleinman (2002) argues that EU laws on taxation do not guarantee neutrality. The idea is developed from the notion that certain countries may have varying taxation brackets. An ambiguous scenario presents itself in cases where an individual moves from a country with progressive taxation to one where similar amounts are placed in different brackets. When such an individual is taxed, instances of inconsistencies with regards to their rights of movement may appear. According to Malherbe et al. (2011), the discrepancies may occur when there are unjustified obstacles or discriminations that hinder the free movement of persons within the EU.

Taxation of companies

The legal provisions of the EU constitution highlight the freedom of companies to establish branches in different states without any form of fiscal discrimination. Malherbe et al. (2011) point out that taxation disputes arise in cases where companies are denied the right to choose their preferred form of establishment within the member states. Other factors that characterise cases brought before ECJ include instances associated with losses and consolidation. In both cases, the taxation framework varies from one area to the other. Consequently, in situations where such laws are seen as inconsistent with the EU provisions, the ECJ is mandated to intervene.

The Treaty on the Functioning of the European Union (TFEU) allows an economic operator in the EU to establish a business within the member states. According to Kapsis (2013), the ECJ has settled disputes based on the tax treatment of permanent establishments of EU companies. Malherbe et al. (2011) cite case 270/83 of Avoir Fiscal where shareholder tax credit was withheld for the subsidiaries of this company based in other member nations. The dispute was based on the fact that the practice encourages the discrimination of companies considered as a non-resident to a particular country.

One of the most common scenarios of discrimination arises in situations relating to the procedural rules of company establishment. Malherbe et al. (2011) make reference to case 330/91, where Commerzbank sought interpretations touching on the terms of tax refunds. The case was based on the laws of the United Kingdom, which granted refunds to companies that were considered to be fiscal residents. Given that Commerzbank was regarded as a non-resident entity, such refunds were not forthcoming. The court found that the UK law was discriminatory and inconsistent with the freedom of establishment sought out in the TFEU.

As already indicated in this paper, freedom of establishment is hindered in cases where companies are faced with the need for loss compensation. According to Malherbe et al. (2011), existing fiscal laws among member states are impediments when it comes to the aggregation of incomes and losses for taxation purposes. Malherbe et al. (2011) point out that there are countries within the EU, where reductions on tax based on losses vary based on the residency of a particular company. Possible scenarios include cases where losses are experienced in companies that have subsidiaries or branches in other states.

The most notable case is that of AMID v. Belgian State. According to Malherbe et al. (2011), the legal dispute 141/99 involved a tax disagreement where a Luxembourg company based in Belgium incurred losses and needed to compensate its members. However, once the compensation was effected, the Belgian government double-taxed the Luxembourg profits in a bid to avoid incurring their side of the losses. The adjudicative role of the ECJ, as illustrated, makes it possible to safeguard the gains made through the various policies in the EU.

The Impacts of the European Court’s Cases on Integration

The adjudicating role of the European Court of Justice has enhanced integration in the EU. The assimilation is evident in the cases outlined. Malherbe et al. (2011) argue that regional integration is a key element of globalisation. Separately, Kapsis (2013) holds that globalisation is inevitable. As such, regional integration should be supported.

Based on the cases analysed in this section, it appears that the ECJ relies on the theory of law to promote integration. Globalisation depends on trade. The dependency explains the need for a uniform taxation regime. Through its rulings, the ECJ has highlighted the importance of exercising individual rights in the absence of discrimination based on links to a particular member state (Malherbe et al. 2011). Regional integration promotes supra-nationalism. The move is an attempt to phase out individual nationalism among countries. Separately, the freedoms of movement and establishment outline the supra-nationalism idea promoted by the EU. Member states that enact laws that inconsistent with those of the union are seen as deterrents to the integration.

The ECJ plays its role as an interpreter of the law to address legal ambiguities that hinder the actualisation of the freedoms enshrined under TFEU. Malherbe et al. (2011) opine that ECJ has helped to shape policy in the EU. The scenario is observed in cases where certain EU member states are forced to change some of their laws to achieve consistency and harmony. A good example is in the UK where the law regarding consolidation of losses was changed after a defining ruling was delivered by the court. Without the ECJ, the integration of the EU would have been difficult.

Conclusion

In the current paper, the author analysed how a court can be used to enhance the formulation and implementation of policies. The role of the court was discussed in the context of the theory of integration and the European Union. According to Wasserfallen (2010), regional integration is realised with the help of policy frameworks agreed upon between member states. The theory of neo-functionalism becomes relevant to the establishment of various agencies that are tasked with the responsibility of handling the said policies. In the paper, the European Court of Justice was depicted as an agency that can enhance policies associated with the European Union.

The ECJ plays an important role in resolving conflicts in the EU. In light of this, Davis (2005) opines that the policy framework used to govern a given region can be strengthened used legal means. The court of justice enhances the EU policies through the rulings delivered in the various cases brought before it. For instance, the frameworks touching on the environment and social affairs were changed as a result of the rulings arrived at in different cases. The rulings appeared to settle the ambiguous areas in the European Union’s laws and treaties.

The discussion in this essay depicts ECJ as a key policymaker given the role it plays through the rulings delivered. According to the theory of neo-institutionalisation, the integration process is realised through the establishment of institutions meant to promote policy adoption. Wallace et al. (2005) hold that neo-institutionalisation envisions a scenario where centralised institutions are able to provide the necessary leadership when it comes to the realisation of the various goals of a regional bloc. The European court is seen as an affirmation of these sentiments.

The element is illustrated in the manner through which this judicial arm of the EU has various advanced policies of this union. Neo-institutionalisation enhances the integration process. The ECJ acts as a model through which policies relating to integration processes are enhanced. Research on this issue needs to evaluate how such institutions can play more roles in realising the objectives of integration.

References

Arnull, A 2006, The European Union and its court of justice, Oxford University Press, Oxford.

Chryssochoou, N 2001, Theorising European integration, SAGE, London.

Davis, F 2005, Social movements and organisation theory, Cambridge University Press, New York.

Kapsis, I 2013, ‘The courts of the European union’, in M Cini & N Borragan (eds), European Union politics, Oxford University Press, Oxford, pp. 45-58.

Kleinman, M 2002, A European welfare state?: European Union social policy in context, Palgrave, Hampshire.

Malherbe, J, Malherbe, P, Richelle, I, & Traversa, E 2011, The impact of the rulings of the European court of justice in the areas of direct taxation 2010, European Parliament, Brussels.

Malmberg, J 2010, The impact of the ECJ judgments on Viking, Laval, Ruffert and Luxembourg on the practice of collective bargaining and the effectiveness of social action, European Parliament, Brussels.

Rosas, A 2013, The Court of Justice and the construction of Europe: analyses and perspectives on sixty years of case-law, T. M. C. Asser Press, Hague.

Wallace, H, Wallace, W & Pollack, A 2005, Policy-making in the European Union, Oxford University Press, Oxford.

Wasserfallen, F 2010, ‘The judiciary as legislator?: how the European court of justice shapes policy making in the European union’, Journal of European Public Policy, vol. 17 no. 8, pp. 1128-1146.

Introduction

Judicial intervention in legislation and executive powers of the government has assumed a new breath of light with the Roberts Supreme Court’s using of the First Amendment Act to limit the effect of the regulatory laws made by the US government. The supreme court of the Unites States has been the upholder of the fundamental and basic human rights; however, in recent times the decisions passed by the court has demonstrated an inclination towards the conservative branch of politics rather than being an unbiased upholder of the constitution. Given this primary function of the Supreme Court towards upholding constitutional democracy, the Supreme Court headed by John G. Roberts Jr., popularly known as the Roberts Court, has declared many of the American laws unconstitutional. Further, the conservative stand of Chief Justice Roberts has brought the court to a split house with the voting 5-to-4 on the Affordable Care Act (Drehle par. 2). Roberts Court has often associated him with the conservative wing.

To judge the Supreme Court as solely a judicial body would be to undermine the significance of the American political system. Many a time the court has to provide a verdict on issues on which there exists severe disagreement within the society, like the abortion law or economic regulation. Proving a judgment on such cases is bound to make the decision political. This arises the issue of a political court and criticism regarding the role of the court to move a political agenda. However, if the court is assumed a political body then such issues will not arise. The Court has the constitutional right to interfere and change legislation, is it impossible that the judges will be completely apolitical in their views? In this paper, I would argue that Roberts Court has played a strong role in policy-making in the US and has influenced the democratic political system, inadvertently helping a certain group. In other words, the paper will investigate the position and the disagreements the Roberts Court has faced since 2012 in passing some and/or stopping some laws. This essay is an investigation of the relationship between Roberts Court and the Obama administration.

Roberts Court and Conservative Law

The history of American judicial system is marred with accusations of the Supreme Court being blind to the unequal economic power that the legislations of the US governments were promoting. During the reign of President Roosevelt, the advent of the Great Depression the Supreme Court upheld the minimum wage law against the freedom of contract, thus invoking Lochner-era. With a divided political space in America, the divide between the conservatives and the liberals have widened more starkly. The conservatives believe that laws ensuring individual freedom like abortion law and same sex marriage law are simply political gimmicks to create vote bank while the liberals believe judicial interference into the economic regulation is infringement. However, the recent action of the Supreme Court is not confined to mere name-calling among the political spectrum, as the court has made some serious decisions to counter the laws made by the government.

John Roberts was appointed as the Chief Justice of Supreme Court of America in 2005. The sequence of dissents that Chief Justice Roberts have given to government laws was observed since 2006. The first of which was in the Hamdan v. Rumsfeld case where the dissent was against the Bush administration’s decision to prosecute the Guantanamo detainees through military commissions. His decisions also made a few laws unconstitutional, upheld against abortion laws, and limited the scope of the gun control law passed by the local government of Chicago. In 2012, Roberts Court restricted the scope of the strict immigration laws, as the court believed it caused problems for the government to function. In another landmark decision in 2011, Roberts Court adjudged that the women complainants did not have enough support to prove Wal-Mart’s gender discriminatory practices.

In 2010, the Roberts court passed the judgment that private corporations can buy advertisements to support political election campaigns. A more conservative ruling of the Roberts court was taken in 2014 when the court upheld that owners of religious families owning a corporation could not be forced to pay for contraceptive to their female employees. A more definitive attack on the political parties came with the court limiting the contributions given by individuals to political leaders or parties in 2014. Hence, the verdicts that have been discussed in the above section clearly depicts a conservative streak in the decision making of the Roberts Court that has upheld religious rights of employers, abortion, and unions.

So how can we describe Roberts Court – is it conservative, divided, popularized? Robert Dahl in his article published in 1957 discusses that courts usually work as an amalgamation rather than a disjoint body that counters the policies created by government bodies (285). He points out that it would be most “unrealistic to suppose that the Court would, for more than a few years at most, stand against any major alternatives sought by a lawmaking majority” (Dahl 285). The explanation that Dahl presents to support his argument is too simplistic as he simply assumes that as the justices are appointed by party leaders, they inadvertently assumes sides with the “dominant alliance” (293). Thus, he points out that the courts have the power to formulate policies but their power is limited by the goals of the “dominant alliance” (294). However, this does not hold true in case of the Roberts Court.

Roberts Court has found itself in conflict with the Obama administration since the president’s first term. Political stalwarts believe that the first term of President Obama aimed at creating a new electoral order for the country (Clayton and McMillan 142). In his first term as President Obama aimed at electing a bench of justice based on diversity than ideology. The Hispanic chief justices Obama appointed were assumed to be moderates however, their voting practices showed that they were more conservative compared to their predecessors. The philosophy that Obama seemed to abide by was in his belief that the judicial bench was there to uphold and protect the “basic rights” and “show restraint by not overturning the policies enacted by the elected branches” (Clayton and McMillan 143). Thus, the divide between the court and the president became abundantly apparent. Paradoxical, as it may be, was the rift between the progressive president who supports judicial restrain and conservative Chief Justices who “aspire to continue the conservative counter-revolution” (Clayton and McMillan 143).

Chief Justice Roberts too has faced a divided and polarized Court and has continued in its agenda to forge the path for constitutional amendments and demonstrate the conservative nature of Roberts Court (Clayton and McMillan 138). The first judgment passed by the Court that amply demonstrates the conservative nature of the judicial is the use of “original intent jurisprudence to advance the conservative version of the Constitution” has been often observed as a process to reinterpret the Second Amendment (Clayton and McMillan 138).

In 2009, Roberts Court provided a victory to Bush administration and National Rifle Association (NRA) and uphold the right of individuals to posses’ firearms as a constitutional right. Roberts Court has been found to take a conservative stand in the private corporate financing political parties and leader case, as well as the eliminating the wall between the church and the state in the Arizona Christian School Tuition Organization v. Winn (2011). A more recent verdict in 2014 adjudged unconstitutional a Massachusetts law of creating a 35-foot zone outside the abortion clinics to keep the anti-abortion activists at bay. In many other cases, Roberts Court has been found to be more inclined towards building a conservative constitutional order in America.

Conclusion

The essay finds that the Roberts Court has passed certain decisions that has shifted the balance of the constitutional justice to wards the conservative wing of American politics. The decisive judgments in many of the cases have shifted the balance towards the conservative political wing and have created a polarized and divided Court. Roberts Court has taken a series of decisions that shows inkling towards conservative politics. Usually, the bench of nine Chief Justices appointed by the president is aimed a creating a balance between the liberals, moderates, and conservatives. However, Roberts Court has been found to be more conservative than expected as many of the moderate judges have shifted their decision towards the conservative group.

Works Cited

Clayton, Cornell W. and Lucas K. McMillan. “The Roberts Court in an Era of Polarized Politics.” The Forum 10.4 (2012): 132-146. Print.

Dahl, Robert A. “Decision-making in a democracy: The Supreme Court as a national policy-maker.” Journal of Public Law 6 (1957): 279-295. Print.

Drehle, David Von. “How John Roberts’ Supreme Court Is Slowly Bridging the Political Divide.” 2014. Time. Web.

Introduction

International cooperation is a relationship that exists between different countries. It is largely influenced by politics, diverse human personalities, culture, science, technology, and/or economic aspects. These factors facilitate the exchange of resources internationally. Various interests and objectives of individual countries usually govern the exchange of resources. Many nations have benefitted from the associations in ways that focus on establishment of peace across transnational boundaries. This situation has led to rapid increment of air, water, and land transportation, communication technology, and international economy. Availability of peace amongst various countries has resulted in the formation of trade treaties.

International cooperation has also heightened the immigration of people internationally as they seek job opportunities, education, and settlement among others in different countries. International cooperation also promotes culture. Sharing and exchange of values amongst global societies results in appreciation of diverse social practices. Syria is one of the countries that have been involved in civil war. The Syrian war began as a tussle between the government of President Bashar al-Assad and rebels who were opposed to the state rules that prevailed at the onset of 2011. This essay provides an exploration of war crimes, the International Criminal Court (ICC), and Syria.

Why the commission of War Crimes, including torture, is universally condemned

According to Snow, war crimes refer to grave violations against international humanitarian laws (46). Usually, such unconventionalities result in criminal acts, mass killings, and other inhuman transactions. Various activities that characterize war crimes include murder, mutilation, torture, abduction, and performing intentional attacks against civilians in areas such as religious buildings, educational centers, charitable properties, and hospitals among others. Brutal actions such as pillaging, rape, sexual slavery and violence, and recruitment of underage children to serve in the armed forces among other forms of hostilities are also evident in war crimes (Snow 47).

Evolution of War Crimes concepts

In the ancient times, war crimes were considered to be normal and were accepted part of human nature until recently when it was realized that war crimes are devastating. Many centuries ago, brutality against opponents or soldiers was only punished depending on who won the battle. Commanders and politicians who lose wars in many occasions can run in to hiding or face cruel punishment like execution or imprisonment. No procedures had been stipulated in place to deal with cases of war crimes and nobody for instance politicians and military officials can take responsibilities for their actions and those of their troops.

During the World War II, many murders were committed where millions of people were killed especially in Germany where the Nazi under the leadership of Hitler killed Jews. Other cases involving mistreatment of prisoners and civilians by soldiers in Japan had been noted thus change of belief towards war crimes was realized. Several powers categorically noted that killings and other inhumane behavior were unfair and thus perpetrators were to face punishment and bear individual responsibility on crimes committed can be done in courts. An example was the prosecution of Japan leaders and soldiers who mistreated prisoners and other civilians. Although the first trials had minimal effect on taming crimes of war, they act as the springboard of the tribunal hearings in the modern-day International Criminal Court (ICC).

Various Categories of War Crimes

War crimes are specified as genocides, crimes against peace, war crimes, and crimes against humanities. The acts of crimes against peace include a plan, preparation, and start of wars of aggression and violation of international agreements. It entails participation in plans and conspiracy with an aim to accomplish vicious actions. The act of war crimes includes violations of the laws of war that result in atrocities, murder, mistreatment, and destructions of properties among others. For instance, the atomic bomb of Hiroshima and Nagasaki among other cases that happened in Japan led to mass killings of people during the two incidences. The crimes against humanity were the atrocities and activities that were inhumane towards civilians before, during, and after wars that resulted in include murder, extermination, deportation, and rape among other offences. Lastly, genocides is the most severe crime against humanity since it is an intentional act of destroying a race, religion, ethnic, or national groups of a particular region or country.

Examples alleged war crimes include the Armenian genocide of 1915 to1923 in which Ottoman killed about 1.5 million Turks. In Europe, the Nazis killed Jews, gypsies and other people between 1930s and 1940s. Rwanda’s 1994 war crime left about 800,000 Tutsis dead. Some Hutus were also killed while others fled to seek asylum in other African countries. Between 1992 and1995 several people were killed in Bosnia in a war crime that was characterized by genocide. The trial is still going at the ICC.

Relevance of United States Participation in Permanent War Crimes Tribunal

The influence of the United States in permanent war crimes tribunal is limited due to the natures and origins of cases that are handled the international level. According to Welsh, international cooperation is of utmost importance in formulation of solutions to problems that pertain to the environment, pandemics, warfare, and terrorism (293).

How Internal Wars in the Developing World affect the Value of having a Permanent Tribunals

Internal conflicts that are primarily fueled by political interests and ethnic differences have significantly affected the value of forming permanent tribunals. For instance, the Syrian conflict that began at the onset of 2011 within the context of Arab remonstrations led to a nationwide demonstration against Syria’s President Bashar al-Assad and his government. Instead of considering alternative mechanisms to solve the problem, the president forcefully used the military, police, and retributive laws to punish those civilians who sided with the rebels. As a result, the military and other government forces responded to the president’s orders using violence to crackdown the initiators of the uprising. According to Snow, the Syrian civil conflict began due to a mere protest. However, in only one and half years, the Red Cross declared it a civil war. The Syrian government’s ill response compelled the rebels to form their own military in 2011.

Syria attained independence in 1946. However, the democratic system of governance that was established ended because of a coup that was conducted in March 1949. Several other upheavals that happened thereafter against the military rule resulted in the transfer of power to civilians in 1954. A union that was formed between Syria and Egypt led to the replacement of the parliamentary structure with a powerful presidential system. Several coups that took place afterwards led to the establishment of the Ba’ath Syrian regional branch government in 1963. However, some years later, a power resolution that enabled General Hafez al-Assad to become the Prime Minister was reached. Interestingly, he declared himself the president of Syria in 1971. He led the country until his death in 2000. Syria has remained a single party state due to the dominance of the secular Syrian Regional Branch. There was no possibility of implementing a multiparty regime amidst such state of supremacy. As a result, enactment of a dictatorial system of governance became the immediate alternative.

Failed hopes of democratization by President Bashar al-Assad and his wife Asma al-Assad led to intense political atmosphere where elites such as Riad Seif and Jamal al-Atassi held various forums to debate about dogmatic solutions to the problems facing Syrians. The reforms and promises that were not implementable by the various presidents led to the dissatisfaction of Syrians. According to Schmid and Crelinsten, this situation resulted in demonstrations that later turned into war crimes and atrocities (45).

Effectiveness of the International Criminal Court (ICC)

The International Criminal Court is an independent and unremitting body that tries people who are accused of grave crimes such as genocides, crimes against humanity, and war crimes. According to Snow, the court is based on a treaty and is currently supported by 122 countries worldwide (56). However, the court is always taken as a last resort after complainants feel that the national courts of individual countries are not genuine to pass their tribunals against persons who commit grave crimes. For instance, in cases where a proceeding is meant to cover a perpetrator who should otherwise been held responsible for an alleged criminal activity. Snow reveals that the ICC observes the highest standards of tribunal processes that encompass fair administration of justice (55). This court is governed by the Rome Statute and is based in The Hague, Netherlands. The statute was signed on 17 July 1998 before it started its operations on 1 July 2002. It handles cases of war crimes that are committed in countries that are signatories to the Rome Statute; hence, it does not extend its mandate to inhuman situations that occur in non-member countries.

However, multiparty situations that arise within the court during the administration of justice in various war crime cases limit international cooperation (Snow 54). In the context of this essay, Syria provides a good example of a country that has failed to cooperate with the global criminal court. The ICC can only handle cases of war crimes if the UN Security Council refers the situation to the court (Snow 56). Many countries have issued notifications to the council requesting to present the Syrian war crime cases in the ICC. Various reports have been prepared. At the outset, the UN High Commissioner for Human Rights has written a report pertaining to violation of human rights by the government and rebels.

Secondly, the UN Secretary General’s special adviser has reported various cases of genocide. Over 55 countries that were led by Switzerland have also expressed their concerns about the war crimes and atrocities in Syria. Finally yet importantly, NGOs such as the Amnesty International, FIDH, and the Human Rights Watch have expressed their concerns about the inhumane experiences that have been encountered by Syrian citizens because of war crimes. However, presentation of these cases before the ICC has been difficult due to interferences by countries of veto powers such as Russia and China. These countries have opted to support the Syrian government by vetoing the ‘Western-drafted’ UN Security Council resolutions of 2011 and 2012 that were meant to effect sanctions on the Syrian government.

Snow reveals that the proposal of the Syrian war crime included commitment to a follow-up that was efficient and effective (61). The proposal also clarified the guidelines that were provided by the UN Secretary General on avoidance of non-essential contacts with individuals who were supposed to be arrested. The proposals also required the Syrian government to support and implement the terms of agreements on privileges and immunities that were guaranteed by the ICC. This proposal required Syria not to hinder the ICC staff from performing their duties in the country. Furthermore, the proposal stated that the government should not detain the staff as practiced in other countries during similar wars.

According to Schmid and Crelinsten, many victims and opponents claim that prosecution procedures are merely politically initiated (56). The Rome Statute has curbed such incidences, especially those concerning political motivations. A current incidence is the presence of numerous complaints that are registered concerning the appointment of the prosecutor that allege that the process was politically driven. Another issue that has emerged recently is the confusion of soldiers due to laws of war, problems that concern peace, and reconciliation. As a result, it is also claimed that the ICC is purporting to perform jurisdictions over countries that are nonpartisans to the Rome Statute. Other issues include costs, time wastages, and unfair judgment especially to African countries (Schmid and Crelinsten 63).

How the accusations of war crimes against the government of Syria illustrate the points of contention over war crimes

War crimes that have been occurring in Syria have had tremendous effects on the lives of people. Death cases have risen above 190,000. Alleged combats that occur between the government supporters and rebels have caused these fatalities. This situation has resulted in violation of human rights through numerous massacres that have been fueled by the civil war. The government has also caused various civilian casualties through bombing. In addition, various arrests and torture of protesters and activists have been reported. War crimes have also led to displacement of foreigners and local citizens. More than 6.5 million citizens have been displaced from their homes while more than 3 million others have ran from the country to neighbor states such as Lebanon, Jordan, Turkey, Egypt, and Iraq to seek asylum. According to Snow, the living conditions of Syrians have been deteriorating due to worsening war crimes that have resulted in shortage of food and social amenities (62).

In addition, atrocities that have been committed in various localities in the Arabian republic have led to immense suffering of civilians. Battlefields that are staged by the rival parties have always enhanced violence. This situation has significantly destroyed international peace and socio-economic stability. The risk of spreading the ferocity is also predictable due to influx of foreign soldiers in the republic. Recent reports indicate that women and children are the most affected by the war crimes due to increased costs and scarcity of social amenities. The ISIS (Islamic State of Iraq and Syria) rebel group has reportedly been harassing many women due to their failure to abide by the dressing code that they have set. The rebels have increasingly recruited and trained young children (even as young as 10 years old) on combat tactics at ISIS camps. Furthermore, the ISIS groups also carry out displacement of people, especially the Kurdish communities, from northern Syria. Executions are carried out every Friday and civilians, including children, are forced to watch. These bodies are displayed in public places to haunt local populations.

On the other hand, the government of Syria is also responsible for committing crimes against humanity. It has indiscriminately killed people using missiles and bombs in densely populated civilian residential (Snow 63). Various reports indicate that the Syrian government uses its aides to commit unrelenting massacres against rebellious citizens. Government soldiers who are stationed at various entry points and borders also block injured civilians from accessing hospitals. To a further extend, they also prevent humanitarian aid agencies from reaching health facilities within the republic. Furthermore, the government soldiers torture prisoners through sexual assaults and making the conditions in these areas worse for them. This situation has caused many deaths. The government has also used chemicals such as chlorine in several incidences, especially in Western Syria, to kill civilians.

The Dilemma of War Crimes

War crimes are extreme inhumane activities that have significantly affected worldwide modern societies. These vicious occurrences have deteriorated economic developments in various nations (Welsh 291). Besides, they have resulted in unfathomable deaths and displacements of innocent civilians among other impacts. However, the introduction of tribunals to handle such cases has reduced the effects of wars and crimes on citizens as political leaders fear instigating feuds in their countries. Despite its criticism, the ICC has handled a number of cases against various vicious crimes. The court is still at its tender age. Therefore, a probability that it will handle more cases of crimes in the future is high. There is a need to offer the ICC judges more chances to serve longer terms. Besides, cooperation of regional and national courts is paramount to the strength of the international court.

Conclusion

In the context of the Syrian war crime, the political sides should not be considered in formulation of an amicable resolution. However, a common ground should be established to seek ways out. Both regional and super power nations have been biased due to various interests in the destabilized republic. For instance, Russia sells weapons to the Syrian government for economic gains. On another dimension, the Syrian government should also allow for democracy and provide freedom of expression and speech to its citizens whilst abolishing authoritarianism.

The relationship between the UN Security Council and the countries that are not signatories to the Rome Statute has posed problems to the implementation of the ICC mandates to investigate and prosecute the perpetrators of war crimes. Nonetheless, challenges that have been faced in the Syrian case have led to creation of means and development ideas to solve such problems. Many neighboring countries are initiating domestic developments as solutions to the impacts of Syrian war crimes. For instance, in June 2012, the Geneva Communiqué proposed an idea of commitment by both the government and rebels to reconcile and accept accountability for the crimes that they had committed by offering transitional justice and reparations to the affected persons. However, such actions are still at a slower pace due to continued conflict in the country.

Works Cited

Schmid, Alex and Ronald Crelinsten. The Politics of Pain: Tortures and Their Masters. Boulder, CO: Westview Press, 1994. Print.

Snow, Donald. Cases in International Relations. Boston, MA: Longman Press, 2014. Print.

Welsh, Jennifer. “The Responsibility to Protect: Dilemmas of a New Norm.” Current History 111.198(2012): 291-8. Print.

The international criminal court is an independent jurisdiction established in 2002 to investigate and prosecute crimes. ICC was established after the United Nations recognized the need for an international court to prosecute crimes. It concerns itself with war crimes against humanity and the worst international crimes like genocide or crimes of aggression. The ICC has prosecuted cases since 2002; up to date, they have handled a dozen cases, and some are still ongoing. Although ICC aims to end conflicts within the countries and it helps to end crimes and impunities, not all countries are members of the International Criminal Court for various reasons. This essay will focus on why a nation may choose not to be part of the International Criminal Court’s jurisdiction.

A nation may choose not to be part of the ICC’s jurisdiction if the court scrutinizes and violates state sovereignty. When a nation joins the ICC, the ICC has the power to judge if the national court can make an investigation or prosecution of major crimes; ICC involves itself. Some nations may consider this a violation of sovereignty because the ICC’s complementarity regime has to make an opinion of the judicial system of that nation before taking over the case. The regime gives the ICC power to assert its jurisdiction in that particular nation as long it is a member nation of the court. A nation may choose not to join the court when they know that their various government officials may be prosecuted or linked to the crimes when outside the country. The ICC cannot prosecute them on its own since they have no jurisdiction over a non-member nation.

The national constitution of a nation makes it not to be involved since the constitution may be incompatible with international criminal court jurisdiction. For instance, the Russian constitution states that the constitutional law’s judicial system stipulates that there is no slot for an international court to be involved in the national courts. Russia is one of many nations that do not allow the substitution of the judicial system even in the most adverse situations (Cairn international edition, n.d). A nation cannot ignore the constitution, which is the governing tool in various things of that nation. It would lead to ignoring other laws, which could cause a lot of chaos.

There is a concern that if a nation joins the ICC, the court will prosecute its nationals for the foreign policy made by its country. The ICC prosecutes a person or persons when there is consent from the territorial country the crime was committed to or from the person’s national country that is a court member (International Criminal Court, n.d). A nation might fear joining the ICC jurisdiction in order to protect its citizens. ICC jurisdiction is only on four crimes; therefore, citizens from a non-member nation would be prosecuted outside their own country as long as the other country agrees to prosecute them.

To protect its people, a nation might want to be involved in giving consent to its citizens being prosecuted by other nations. For example, the US argues that the person to be prosecuted by ICC should acquire the consent of the person’s nationality apart from the state in the crime was committed (Dworkin, 2020). It is a free world. Therefore, every nation has a right to make a decision they see fit for its citizen.

References

Cairn international edition. (n.d.). The objections of larger nations to the International Criminal Court. Cairn International Edition.

Dworkin, A. (2020). Why America is facing off against the International Criminal Court. ECFR.

International Criminal Court. (n.d.). How the court works. Welcome to the International Criminal Court.

As well known, in the aftermath of World War II, the Allies proposed the creation of an international court for the persecution of war criminals, which became known as the International Court of Justice, later becoming the International Criminal Court (ICC), is based in Hague. It famously conducted the Nuremberg Trials and, in the modern era, tribunals for war crimes committed in Yugoslavia or Rwanda (Payne 2016). There are benefits and drawbacks to the existence of an international court. The primary benefit is that it establishes an international system of accountability. If there is a court, there is a law, and the globalized acceptance that war crimes and human rights should not be committed is a significant step forward from a world where no such rules existed. Although the ICC may not necessarily have the force of enforcement, it can nevertheless work with national and international law enforcement agencies such as Interpol to potentially capture and put on trial various war criminals. Albeit it may become complicated because not all nations accept the jurisdiction of the ICC, there are potential pathways, as was once again demonstrated with Yugoslavia. The biggest strengths of the International Court are its foundational and symbolic values, establishing a global effort to fight crimes against humanity.

There are many drawbacks to having an international court, given that it has little effective purpose. Out of potentially thousands of cases past and present, only 44 individuals have been indicted, with 14 seeing completed proceedings and nine convicted (Goodman 2020). The ICC lacks any inherent authority, highly reliant on state cooperation, some of which do not accept it or choose to use it selectively for global political means. For example, there is a significant call to investigate and charge leaders in Russia for their role in the human rights violations in Ukraine, which may be just. However, the numerous violations by the US in Iraq, Afghanistan, and other Middle Eastern nations, such as the use of undiscernible drone strikes on civilian populations, are conveniently ignored. The argument that is being presented is, despite being an International Court and supposedly neutral, it will still likely be politically influenced because it is located in the West and is sponsored largely by Western nations.

Crimes rising to the level of war crime should not be prosecuted by courts in the victim nations. Looking at the broader picture and removing the factor that the ICC has no technical enforcement power, it is best that crime of such nature are judged internationally or by a neutral third party. Holding the court in the nation responsible would be irresponsible, as very few countries are willing to admit such horrific wrongdoing, especially in the short aftermath. Meanwhile, holding the court in a country that fell victim to war crimes, which may potentially logically make sense, also creates issues of bias.

Similar to horrific crimes against any one person, war crimes significantly traumatize nations, their national mindset and attitudes. Regardless of if the leaders would like to seek a fair and impartial trial, the population would feel the anger and angst of the experiences, many nations holding on to those national traumas for decades. That means that the population, the media, and families would be talking about it, and there would be tremendous public pressure on prosecutors, defense lawyers, and judges. Despite war crimes being horrific, in a modern world valuing fair due process, holding a trial in an affected country would violate it. That is the reason for the existence of the ICC, to attempt to generate an impartial, neutral judicial setting to evaluate such crimes.

Reference List

Goodman, Sarah J. 2020. “The Effectiveness of the International Criminal Court: Challenges and Pathways for Prosecuting Human Rights Violations.”Inquiries Journal 12, no. 9: 1-33. Web.

Payne, Richard J. 2016. Global Issues: Politics, Economics, and Culture, 5th edition. Boston: Pearson.

Supreme Court judges often face criticism for championing policies based on their political inclination and ideologies. Nevertheless, in some cases such as the renewal of the Deferred Action for Childhood Arrivals (DACA) policy, the court went against many individuals’ expectations because a team comprised of a conservative judge majority supported actions that were against their general beliefs. If the current Supreme Court judges were to hear the case, they still would uphold the ruling because it reflects their beliefs of defining the US as a haven dedicated to respecting human rights and democratic values.

The US president is responsible for appointing Supreme Court judges who are then confirmed to take office by a senate majority. As a result, US presidents take advantage of these powers to appoint a bench that will serve their ideals. For example, the current Supreme Court judges are comprised of six judges appointed by Republicans and three judges appointed by democrats. As a result, the US Supreme court often exercises judicial restraint since most of their decisions are inclined toward their party affiliations. According to Krutz & Waskiewicz (2021), judges nominated by presidents share similar ideologies with their leaders. Even so, some nominees uphold judicial activism by making decisions people do not anticipate. Judicial activism is a concept of judgment that sets aside government interests and acknowledges the law and contemporary values (Balkin, 2019). Therefore, although the decision to overrule Trump’s abolition of the DACA policy was contrary to expectations, the current judge bench would support the decision due to their republican interests.

The United States Supreme Court is the most powerful institution in the federal judiciary system as it holds the ultimate position over all state and federal courts. Thus, its nine-bench judges are entrusted to rule over critical issues regarding American statutory legislations and policies as they see fit. However, on some occasions, some judges can support ideologies that are contrary to their beliefs. Nevertheless, appointed judges often share the president’s and senate majority’s views.

References

Balkin, J. M. (2019). Why liberals and conservatives flipped on judicial restraint: Judicial review in the cycles of constitutional time. Tex. L. Rev., 98, 215.

Krutz, G., & Waskiewicz, S. (2021). American Government 3e. Open Access Textbooks.

Introduction

The international court of justice is the judicial organ formed and mandated by the United Nations. The purpose of the court is to serve as the organ of judicial arbitration between countries that are members of the United Nations; it is also the organ that gives legal advice to the UN General Assembly and other organs and agencies that are allowed to submit their queries to it. It is the highest international court in the world [UNESCO].

The headquarters of the court is located in The Hague in the Netherlands and housed in the Peace Palace [UNESCO].

History

History of international arbitration

The Jay Treaty of 1794 marked the beginning of international arbitration as recorded in modern history; the treaty sought to quell the clashes between the United States and Britain [UNESCO]. The various nations thus realized the possibility and benefits of solving international disputes without necessarily going to war. A second important event that reiterated this phenomenon was the Alabama treaty negotiated in Geneva by again the United States and the United Kingdom.

These events set the stage for a formation of a permanent international court of arbitration; the Hague peace conference of 1899 went ahead to form map out the modalities of its formation. In 1900, the Permanent court of arbitration was formed and it started its operation in1902.

Various suggestions were made for the formation of an international judicial tribunal; statutes were drawn out to effect this. The effort resulted in the formation of the Permanent Court of International Justice in 1922 as the judicial body of the then league of nations after the first world war; the permanent venue of this body was located in The Hague where it sat for the first time on 15^th February 1922. Between 1922 and 1940 the court ruled on 38 disputes between member states and gave 27 advisory opinions [UNESCO].

The court ceased to exists in 1946; between 1940 and 1946, the court did not have any activity as the Germans had invaded and occupied the Netherlands during the Second World War.

Modalities of the creation of the ICJ were concurrent with those of the creation of the united nation; the PCIJ met for the last time in October of 1945 and on the 31^st of January 1946, all the judges of this body resigned paving way for the election of the first members of the ICJ at the first session of the UN general assembly on 5^th February 1946. The PICJ officially ceased to exist on 18^th April 1946, the same day as the League of Nations met the same fate.

History of the ICJ

The International Court of Justice held its first public sitting on the 18^th of April, 1946. The court was set up in 1945 by the UN charter as a replacement for the Permanent Court of International Justice.

Since its inception, the court has been sitting to hear disputes between countries regarding land frontiers, non-interference in international affairs, diplomatic relations and other similar disputes; a total of 63 judgments have been passed by this court. Additionally, the court has given 23 advisory opinions regarding various issues that have been brought before it.

Structure of the ICJ

The judges

These are elected by the UN general assembly from a list of persons proposed by the Permanent court of arbitration. Each of the fifteen judges is elected to serve a nine-year term with a provision allowing for re-election for two more possible terms [ICJ]. For purpose of maintaining a smooth flow of proceedings and effective succession, only one-third of the judges can retire at a time; therefore, elections are held after three years.

Of the fifteen judges, a country can only be represented by one judge; thus, at any one time, fifteen different nationalities produce one judge. A person is eligible for nomination if s/he is a lawyer, is known to have good knowledge of international law and be qualified to hold the highest judicial office in her/his home country at the time of appointment; the person must be shown to be of high moral character. The appointments are supposed to represent all forms of law practiced by the member states [ICJ].

A judge can be removed from office only after a unanimous vote by all the other members of the court.

At the time of delivery of judgments, each judge may give his/her own judgment or the bench may opt to give a joint verdict. In regards to decisions and advisory opinions, the outcome is decided by a majority vote; in case the vote results in an equal division, the president’s vote then is crucial in acting as a tie-breaker.

Ad hoc judges

The statute of the court has a provision for the appointment of ad hoc judges to a bench sitting for a particular case by the countries involved in the dispute. Consequently, a dispute can be arbitrated by as many as seventeen judges. During the division of judgments the decisions of the two opposing judges who usually but not always vote in favor of their home countries cancel each other out. A country appoints an ad hoc judge if it feels its point of view may not be fully appreciated during the deliberations, or to provide a deeper local understanding of the situation of the country during the same [ICJ].

Chambers

The court usually sits at the full bench during its hearings. However, there are situations where the court may opt to sit as a chamber consisting of a fraction of the bench.

Ad hoc chambers are more common than their Special category counterparts. The former consists of members who the parties agree will be acceptable for the deliberation of concern.

Arguments that the chambers diminish the capability of the court to deliver an international interpretation of the dispute have been countered by those suggesting that the chambers encourage more disputes to be presented before the court.

Composition

The current president of the court is Hisashi Owada from Japan while the vice-president is Peter Tomka of Slovakia. Other members are Shi Juiyong of China, Abdul G. Koroma of Sierra Leone, Awn Shawkat Al-Khasawneh of Jordan, Thomas Buergenthal of the United States, Bruno Simma of Germany, Mohamed Bennouna of Morroco, Leonid Skotnikov of Russia, Antônio Augusto Cançado Trindade of Brazil Abdulqawi Yusuf of Somalia and Christopher John Greenwood of the United Kingdom [ICJ].

The five members of the Security Council that is France, the US, UK, Russia and China have always had representatives among the members of the court since the 1960s; however, between 1967 and 1985, the peoples republic of China did not have a representative as it did not present a candidate. The most recent election was held on the 6^th of November, 2008.

Jurisdiction

The jurisdiction of the ICJ can be defined by the nature of the proceeding that the court is deliberating on; that is whether it is a contentious issue or an advisory opinion. As provided by the UN charter, all the countries that are members of the UN are entitled to become parties in the ICJ. There are also provisions allowing non-members to become parties in the ICJ [Charney, 1987].

Adversarial proceedings

These are proceedings seeking to settle disputes between two parties. In this case, only states or countries can be recognized as parties in a dispute; individuals, organizations and even federal states are excluded from this privilege [Charney, 1987]. However, the state can bring a dispute to the court on behalf of an individual or an organization in the country.

Before the proceedings, the disputing states agree to submit to the ruling of the court. However, the parties can have their own agreements or declarations that give them the power not to submit to the rulings if they feel that these are not in the best interest of their state.

Advisory opinion

This service is extended only to authorized agencies and organizations under the United Nations; these send requests for advice regarding legal issues that the organization may be grappling with. Although the advisory opinions are strictly consultative and are not legally binding, provisions before the procedure may require a country to submit to the advice. Additionally, the authority of the ICJ and the manner of arrival to these opinions usually compel the parties involved in the proceedings to comply [Charney, 1987].

Enforcement of the rulings

Failure of a party in a dispute to comply with a binding verdict warrants their presentation before the Security Council for enforcement. There are however fundamental flaws in this process. First, all the five permanent members have veto power; therefore, if the ruling is against one of these members, then the enforcement of the power leaves no other avenue of enforcement [Charney, 1987].

Secondly, if the Security Council was to refuse to enforce a ruling of the ICJ, then there is no other avenue of enforcing such a ruling.

The law enforced by the ICJ

The ICJ draws its ruling from various sources including; international customs and conventions, principles of law practiced in civilized countries, academic writing and previous rulings.

Although the court is not bound by its previous decisions, all the subsequent rulings have been shown not to depart radically from the precedent. Additionally, a party is only bound by a verdict on that particular dispute and not any other.

Procedure

• The complaint: the party lodging the case will argue for the merit of the case to be heard before the court by filing a written memorial; if the respondent doesn’t dispute the merit then it files its own memorial thus setting the stage for arbitration. However, if the merit is in dispute, the respondent lodges preliminary objections [Charney, 1987].
• Preliminary objections: this is the refusal to submit to the ruling of the court based on the merit of the case. All the objections have to be ruled upon in a separate hearing to show the admissibility of the case to the court; if the case is admitted, then the respondent is required to file a memorial addressing the gist of the case [Charney, 1987]. The parties then present their written arguments paving way for public hearings.
• The verdict: is issued at the end of the deliberations; the verdict is determined by the majority opinion although each judge is entitled to give a separate or a dissenting opinion. None of the parties have the privilege of appeal after this.

Conclusion

Merits and Criticisms

The ICJ no doubt holds a privileged position as the authority mandated with solving the disputes among countries that arise from time to time through peaceful means. The organization has contributed to the relative peace in the world that would be otherwise chaotic if each country would pursue its interests through aggressive means.

On the other hand, the ICJ has been criticized for some shortfalls and gaps in the enforcement of its mandate. The exclusion of individuals and organizations from their admission into the court as parties in the dispute has restricted the mandate to disputes whose outcome is in the interests of states. Additionally, the court’s verdicts are subjugated to the veto power of the permanent members of the Security Council. The provision allowing a party to be bound by a verdict only after its agreement gives a loophole for such a state to escape international arbitration [Charney, 1987].

Future efforts should endeavor to close these gaps so as to allow the court to carry out its important mandate of peaceful resolution of international disputes.

References

1. Charney, Jonathan I.: (1987): Compromissory Clauses and the Jurisdiction of the International Court of Justice. Journal article by American Journal of International Law, Vol. 81, 1987
2. The ICJ: Current Members.
3. The ICJ: Judges ad hoc.
4. The ICJ: The Court.
5. UNESCO: (Not dated): Guide to Archives of International Organizations; ICJ: Web.

“Punishment,” written by Rabindranath Tagore, and “Conscience of the Court,” created by Zora Neale Hurston, is two stories in which an innocent woman finds herself in court after being accused guilty of something she did not do. Even though these pieces of writing discuss two absolutely different cases with diverse characters, the themes they underline are very similar. “Punishment” speaks about the family relationship and love between two brothers and their wives, whose world collapses after the murder of one character, while “Conscience of the Court” speaks about devotion and genuine love of an employer that is challenged by the accusation of a crime. Thus, the themes of loyalty, betrayal, and women’s place in the world can be compared while speaking about Chandara Rui, Laura Lee Kimble, and the courts that tried them.

Even though both stories represent women as dependent human beings, who cannot control their lives to the full, the main female character in “Punishment” reveals her strength while the one in “Conscience of the Court” tends to be vulnerable. Tagore’s Chandara Rui is a strong character who is not willing to yield to the circumstances. She realizes that her world is ruled by men, but she is ready to protect herself and make others respect her.

Chandara quarrels with her relatives if she believes that something is wrong. For example, as her husband, Chidam, tries to lock her away, she runs to her uncle, even as she realizes that she will have to return: “Chandara had fled three villages away, to her maternal uncle’s house” (Muzaffar 28). In this way, the woman shows that even though she accepts her role in the family and in society, she is not going to forget her own self and will stand her ground.

Hurston’s Laura fails to create such a strong rebel impression and appears to be more defensive. Being a maid who cares for and loves her employer just like a mother, Laura looks like a very simple and humble static character who is not ready to face the difficulties and injustices of the world: “You jury-gentelmens, they asked me if I was guilty or no, and I still don’t know whether I am or not” (Rimstidt 112). Being in the court, the woman emphasizes her innocence but is more reactive than proactive. She is looking for support and fair justice, while Chandara realizes that passive behavior cannot save. In this way, though in similar situations, the protagonists of the two stories act differently.

Feminist critic Rita Felski, as well as many other professionals, notices that female protagonists of the 19th and 20th centuries, such as Chandara and Laura, tend to have very limited opportunities in their lives (Brändström 7). Their destinies are tightly connected with males so that they can live unhappily but married (Chandara) or widowed and lonely (Laura). Moreover, the area in which they live and act rarely extends further than their marital home or the one where they lived with parents (Brändström 7).

Both stories reveal those events that take place in a very limited territory that mainly includes only home and the court. In this way, the readers have an opportunity to understand that the main characters could not live their lives differently. Rosalind Barnett also supports such an idea, claiming that people tend to focus on one particular role of women, even though they can maintain several of them at the same time (158). For example, she emphasizes employment and motherhood.

Chandara is expected to be a perfect woman who obeys her husband even when he tells her to take responsibility for the murder. People do not need her to do anything else, even if she is able to. In the same way, Laura turns out to be a loyal and reliable employee. She lives to serve Mrs. Celestine Clairborne, protecting and assisting her. Even in the court, the woman does not really think about herself. She just wishes to ensure that the truth will be revealed and she will be able to care for Mrs. Celestine.

The themes of loyalty and betrayal are typical for both “Punishment” and “Conscience of the Court.” For example, in the story written by Tagore, the attention can be paid to relatives and their relationship. The family members are expected to support and protect each other regardless of the situation, but this utopian view vanishes with the first scenes as Chidam’s brother murders his wife. Being a faithful wife who depends on males, Chandara seems to be expected to take the guilt and confess even though she is innocent. But it also means that her family is to support her so that she can be saved. Still, the woman is betrayed:

Ramlochan appreciated his logic. ―Then say what actually happened, he said. ―You can‘t protect yourself on all sides. He had soon, after leaving, spread it around the village that Chandara Rui had, in a quarrel with her sister-in-law, split her head open with a farm-knife. Police charged into the village like a river in flood. Both the guilty and the innocent were equally afraid (Muzaffar 27).

This situation shows that there is no sense for Chandara to be a faithful wife and sister-in-law, as these people are ready to sacrifice her in order to save themselves. Even presupposing that she can tell the truth and avoid the death penalty, her family fails to assure her that she will have a happy life.

Just like Chandara, Laura does not receive expected support from the person she cares most of all. The woman asks several times of Mrs. Clairborne, but it turns out that her employer is not aware of the situation. Still, her loyalty and determination to reveal the truth for Mrs. Clairborne are enormous: “Maybe it reached her, and then maybe again it didn’t. Anyhow, I ain’t had a single scratch from Miz’ Celestine, and here I am. But I love her so hard, and I reckon I can’t help myself” (Rimstidt 116). Even the court is impressed by this trait of the protagonist, and the judge believes that it helped him to find the true criminal, as he says, “I am the one who should be thanking you” (Rimstidt 122).

In this framework, it is also critical to mention that the court plays a critical role in the lives of the protagonists. In general, it is expected to find the truth, which means that women should be saved. But such an outcome is reached only for Laura, whose judge believes that:

The protection of women and children, he said, was inherent, implicit in Anglo-Saxon civilization, and here in these United States, it had become a sacred trust. He reviewed the long, slow climb of humanity from the rule of the club and the stone hatchet to the Constitution of the United States (Rimstidt 122).

In “Punishment,” the judge also tries to reach the right conclusion, but, feeling that she is betrayed and not loved by her husband, Chandara considers that it would be better for her to die, so she insists on being guilty and waits for the death penalty, which is the opposite of Laura’s situation.

Thus, “Punishment” and “Conscience of the Court” are two pieces of writing that tell similar stories that are concerned with loyalty, betrayal, and the place of women. Still, their female protagonists are so different that the outcomes they reach have nothing in common.

Works Cited

Barnett, Rosalind. “Women and Multiple Roles: Myths and Reality.” Harvard Review of Psychiatry 12 (2004): 158-164. Print.

Brändström, Camilla. “Gender and Genre”: A Feminist Exploration of the Bildungsroman in a Portrait of the Artist as a Young Man and Martha Quest, 2009. Web.

Muzaffar, Hanan. Introduction to Comparative Literature, 2010. Web.

Rimstidt, Aaron. Famous Contributors: Zora Neale Hurston, 2012. Web.

People are guaranteed to have rights and freedoms in democratic countries. All these rights are noted in the constitutions of the countries along with the obligations of the citizens. “The Bill of Rights” is a very important document in the life of Americans, as this Bill guarantees people’s rights and freedoms on the territory of the country. If all the rights of people were followed and kept, there would not be courts and jurisdictions in the society, which, unfortunately, is impossible in any country.

The courts are created to help people to prove that their rights were violated and to punish the injurer. The situations, where they stop and frisk arrests take place, should be provided in the society as it, on the one hand, increases the rate of criminals capturing, and on the other hand, does not violate the Fourth Amendment of “The Bill of Rights” as police work for the benefit of people’s security.

The court case Terry v. Ohio, 392 U.S. 1 (1968) is the example where two opposite opinions about the Fourth Amendment of “The Bill of Rights” were discussed. The main idea of the court trial was directed against the Cleveland police officer Martin McFadden, who was convinced for the violation of the Fourth Amendment of “The Bill of Rights”, which announces:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Terry complained that McFadden violated the Fourth Amendment of “The Bill of Rights”, and in particular imposed the unreasonable frisk, as he did not know for sure whether the man had a weapon or not. The policeman’s actions were forced by his great experience in the police work (39 years as a policeman and 35 years as a detective). Moreover, the situation was strange and the policeman’s actions were provided according to the instruction. The men were asked to name themselves (no reaction), they were patted and only when the gun was felt, the police officer used his right to take off the clothes. McFadden had the right, as the policeman, to stop a person and ask to identify him/herself. In the case of the absence of any reaction, more specific actions had to be held, as it happened in the discussed case.

The question which arises in minds of people is whether the stop and frisk, which occurred in the case, was a search. It is was a search, and it was legal. As it is known, the search of a person, who seems suspicious, may be provided on the streets by the police officer. The question, which preceded the search, was about the people’s identification. After the refusal to say the names followed, the police officer’s suspicions were confirmed in some way. The patting, which followed only proved that the suspicious were right, and only then deeper investigation was provided.

The Court decision was reasonable and argumentative, and there is no supported right to contest it. The Court decided that “the need to prevent violent crime and the need for investigating officers to protect themselves from the threat of a hidden weapon outweighed the liberty and privacy interests infringed by this minimally intrusive search and seizure” (Bodenhamer & Ely, 2008, p. 155). As the Court proved and, as it may be understood by the side viewer, the actions of the policeman were legal, as it is the preliminary obligation of the police to protect people from the criminal actions and to prevent these actions, but not to make the notes about the committed violence.

The discussed Court procedure created the new right for the police officers, the stop and frisk arrest. Such kind of arrest allows the police officers to stop the person and ask him/her question about his/her personality, and then implement the frisk of the person on the street without any visible causes, just the reasonable suspicion of the police officer should be present. Policeman’s suspicions are not taken into account, just some actions provided by the person, which the policeman can name strange and provide the reasonable arguments to support his/her ideas (Bergman & Berman, 2008).

Taking of the weapon was not a seizure, as all necessary activities were provided by the policemen. The procedure, which police officer made, was discussed above, and it is in no way may be named as a seizure, as seizure supposed unpredictable, unannounced actions from the police side, when the person is not told about the reasons and goals of the stop and frisk. Moreover, the seizure supposes the argumentative and unchallengeable reasons, which McFadden did not have.

To support the given arguments, it is possible to mention that more and more people become captured on the streets, where only the suspicious behavior of the criminals and the quick eye of the policeman were the reasons for serious criminal arrests. Some people may refuse to understand such police behavior and argue that if the person is not seen in the violent act, there is no need to touch him/her. Such opinion is not supported by arguments and the people’s rights may not be taken into account as the policemen do not allow for themselves the actions which may limit people’s freedom without reasons. The policeman, as the representative of the law, has the right to come and to ask the person to identify him/herself and to show the documents. Such measures are implemented not as a fad or personal interest, they are provided with the aim of people’s security.

So, the Terry v. Ohio case (1968) was the first case when the actions of the police officers were contested but the trial did not give any results to the petitioner, as the actions of the policeman were considered legal. The situation with stop and frisk arrests is rather contestable, but it should not be argued that police officers make their duty, while streets patrolling, and their demands for the documents and things investigation should be perceived as normal affairs. People’s security is the main consideration of the officers and sometimes the actions which contradict the Fourth Amendment of “the Bill of Rights” take place, but this violation of the law is provided with the basis on some reasonable suspicions which are usually confirmed. Stop and frisk arrests should be provided as this supports people’s and the whole society’s security.

Reference List

Bergman, P. & Berman, S. J. (2008). Criminal Law Handbook: Know Your Rights, Survive the System. Nolo, California.

Bodenhamer, D. J. & Ely, J. W. (2008). The Bill of Rights in modern America. Indiana University Press, Indiana.

Cornell University Law School. United States Constitution: The Bill of Rights. Web.

Supreme Court of the United States. (1968). John W. Terry, Petitioner, v. State of Ohio. Web.

The United States legal system is a complex phenomenon in which all the duties and powers are distributed among its federal and state judiciary bodies. The state of New Jersey is not an exception to this rule, and the relation of the Morris County Prosecutors Office in Morristown, NJ (Zip code 07963) to the current US court system is the relation of a part to the whole as the prosecutor’s offices are viewed as integral parts of the US legal system (Office of the Prosecutor, 2009).

For better understanding of the US legal system, it is necessary to inquire about the terms like Megan’s law, criminal and civil cases, jurisdiction, etc. Thus, Megan’s law is the legally established demand for all former “sex offenders to register with local police” (NJ Office of the Attorney General, 2007). The law was passed in Jersey in 1994 after Megan Kanka, a 7-year old girl had been raped and murdered by a recidivist sex offender that was the Kankas family neighbor (NJ Office of the Attorney General, 2007).

Thus, Megan’s law was based on the criminal case, and here the need to define both criminal and civil cases appears. Accordingly, a criminal case is lawsuit filed against a person accused of committing a crime. At the same time, a civil case “is a court procedure for working out a disagreement between two people, businesses, or organizations” (Courts, 2009). Both criminal and civil cases are ruled by courts according to their jurisdictions, i. e. the power of this or that court to decide cases of a certain class and in a certain geographical area (Federal Justice Center, 2009).

The relations of various branches of the US legal system are also important for its proper functioning (Federal Justice Center, 2009). Thus, the prosecutor’s office is closely connected to the local police departments while the latter have to report the findings of their investigation to the prosecutors for them to forward the case to the court. This concerns domestic violence, sex offense, robbery, and murder cases (Federal Justice Center, 2009).

One of the major tasks of the prosecutors is to follow the development of the legal system and be aware of the newest laws and regulations adopted by the Government. Drawing from this awareness, the prosecutors should structure their activities and decide certain cases like, for instance, the use of Miranda warnings, ruling of juvenile delinquency cases, domestic violence disputes, etc (Office of the Prosecutor, 2009). This point becomes especially important when the prosecutor’s office is considered in a wider context involving the notions of grand jury, trial, sentencing, etc.

Thus, the grand jury is the group of people selected and sworn in by the court for the purpose of serving the criminal trials in the US Supreme Court (Federal Justice Center, 2009). The grand jury can serve its term up to 36 months as long as the case is heard, but the main task of the grand jury is not to issue a verdict of guilty/not guilty, but rather to help the federal court state if a person should be charged for a crime he/she is accused of (Courts, 2009).

In connection to this, the concept of arraignment is often used as the notion of the process of reading the charges, in a formal manner, to the person accused and potentially tried by the court (Federal Justice Center, 2009). As well, the concept of status conference is significant for the court system understanding. Thus, the status conference is the set meeting of all the parties involved in a court case aimed at establishing and scheduling the date of trial convenient for all the parties concerned (Courts, 2009).

As a natural consequence of status conferences and arraignment procedures, the processes of trial and sentencing usually take place. The trial is such is the very proceeding during which the case is heard and ruled by the court under whose jurisdiction this case should be ruled (Federal Justice Center, 2009). Sentencing is the process of giving and announcing the guilty verdict to the person under the trial. Sentencing is carried out either by the judge or by the court jury after considerable negotiations and discussions take place in the jury room (Courts, 2009).

In the structure of the prosecution, there are also certain nuances that should be considered. For example, the chief prosecutor of Morristown, NJ is the head of the town’s prosecution, while his 11 assistants, i. e. Assistant Prosecutors, are charged with the functions of supervising the financial and media relations of the prosecutor’s office, its administration and policy conduct, appellate section of the prosecution, criminal and civil cases supervision, etc (Office of the Prosecutor, 2009). The rank of prosecutors in Morristown, NJ includes the prosecutor, his first assistant and a deputy first assistant, an executive assistant prosecutor, seven supervising assistant prosecutors, and a senior trial counsel (Office of the Prosecutor, 2009).

The very prosecutor’s office in Morristown, NJ is subdivided into 11 office units that include Appellate Division, Family Division, Firearms/Forfeiture/Training, Homeland Security Division, Intelligence Crime Task Force, Major Crimes Unit, Sex Crimes Unit, Special Enforcement Unit, Specialized Crime Unit, Trial Division, and Victim/Witness Advocacy (Office of the Prosecutor, 2009). Needless to say, each of the above listed units fulfills its functions in the prosecutor’s office of Morristown, NJ.

Accordingly, the Appellate Division deals with supervising the procedure of submitting court appeals and the very process of considering each appeal submitted. The main function of the Family Division is to regulate the legislative disputes regarding domestic violence, juvenile delinquency, weapons return, and missing people. The Firearms/Forfeiture/Training Section is responsible for recording and supervising the dynamics of the firearms and seized property in the area, while the training subdivision of this section supervises the proper training being provided for all the prosecutor’s office workers involved in dealing with firearms and forfeiture (Office of the Prosecutor, 2009).

The Homeland Security Division deals with terrorism threats and provides security for schools and other public institutions, while the Intelligence Crime Task Force is focused on combating violent, mainly gang- or drug-related, crime. Major Crimes and Sex Crimes Units are charged with investigating all criminal cases including murder, robbery, sexual abuse, child physical abuse, children pornography, etc. Special Enforcement and Specialized Crime Units deal with illegal possession of dangerous substances and investigates the cases of organized criminal activity and fraud. Finally, Trial Division and Victim/Witness Advocacy provide all services for proper trial procedures, respectful treatment of suspects, witnesses, and victims, and present the information about the people’s right while facing the US court system.

Drawing from this, it is obvious that the prosecutor’s office of Morristown, NJ is, as well as any other prosecutor’s office in the USA, the integral part of the country’s court system and legislative basis for the society where the law rules.

Works Cited

Courts. “What is a Civil Case?” Calhoun. 2009. COMI. Web.

Federal Justice Center. “The US Legal System.” Short Description. 2009. FJC. Web.

NJ Office of the Attorney General. “A Citizen’s Guide to Megan’s Law.” Division of Criminal Justice. 2007. NJ Attorney General. Web.

Office of the Prosecutor. “Organization: Office Units.” Morris County, NJ. 2009. Morris County Prosecutor’s Office. Web.