Selective Justice and ICC Credibility Essay Assessment

Assignment Overview

Write an Essay Responding to ONE of the Following Questions

1. Critically assess the contemporary relevance of the definition of genocide as outlined in the Genocide Convention and the Rome Statute, including the ICC Elements of Crimes. Explore a contemporary case of mass atrocity and how it meets or does not meet this definition and the related elements, and evaluate the challenges or limitations in prosecuting such cases under international criminal law.

2. "The current crisis in the ICC is a crisis of political will, rather than due to legal or institutional failings".

Please consider your answer based on your legal analysis rather than research skills. For further details, refer to your subject materials.

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https://answers.library.westernsydney.edu.au/faq/273171

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Essay Questions with Reference to Cases and Materials

1. Critically assess the contemporary relevance of the definition of genocide as outlined in the Rome Statute, including the ICC Elements of Crimes. Explore a contemporary case of mass atrocity and how it meets or does not meet this definition and the related elements, and evaluate the challenges or limitations in prosecuting such cases under international criminal law.

2. "The current crisis in the ICC is a crisis of political will, rather than due to legal or institutional failings”. Discuss with reference to the ICC's pre-trial procedure in the Situation in the State of Palestine.

3. The former President of Zimbabwe, Robert Mugabe, was applauded by many Africans when he told the UN’s General Assembly:
   "The leaders of the powerful Western states guilty of international crime, like Bush and Blair, are routinely given the blind eye. Such selective justice has eroded the credibility of the ICC on the African continent.

Assessment Requirements Summary

The assessment is an essay-based task requiring critical legal analysis rather than purely descriptive research. Students must select one of the given essay questions and respond in a well-structured, analytical manner. The key requirements are:

1. Essay Focus Options:

   • Option 1: Critically assess the contemporary relevance of the definition of genocide under the Genocide Convention, Rome Statute, and the ICC Elements of Crimes. Examine a contemporary case of mass atrocity to determine whether it fits this definition and evaluate the challenges of prosecution under international criminal law.

   • Option 2: Critically discuss whether the current crisis in the ICC is a crisis of political will rather than legal or institutional failings, with reference to pre-trial procedures, particularly in the Situation in the State of Palestine.

2. Analytical Approach:

   • Focus on legal analysis of cases, statutes, and ICC procedures.

   • Avoid purely research-driven answers; emphasis is on applying legal reasoning.

3. Referencing and Academic Integrity:

   • Use AGLC referencing for legal sources unless otherwise instructed.

   • Properly acknowledge any AI-assisted content in accordance with academic guidelines.

   • Maintain awareness of plagiarism risks, especially when using technology or collaborative support.

4. Case Analysis:

   • Include relevant contemporary cases, such as conflicts in Zimbabwe, Palestine, or other instances of mass atrocity.

   • Apply the ICC Elements of Crimes to determine whether actions meet the threshold for genocide or other international crimes.

5. Critical Evaluation:

   • Examine challenges and limitations in prosecution, such as selective justice, political interference, and institutional constraints.

Approach Taken by the Academic Mentor

To guide the student effectively, the Academic Mentor used a structured, step-by-step approach, focusing on clarity, legal reasoning, and critical evaluation:

Step 1: Understanding the Essay Question

• The Mentor began by helping the student identify the key legal issues in the chosen question.

• Discussion focused on distinguishing descriptive content from legal analysis.

• For example, in the genocide-related question, emphasis was placed on understanding the legal definition of genocide under the Rome Statute and ICC Elements of Crimes.

Step 2: Planning the Essay Structure

• The Mentor guided the student to outline the essay into clear sections:

  1. Introduction – Define key terms (e.g., genocide, ICC Elements of Crimes) and present the thesis.

  2. Legal Framework Analysis – Critically examine the Rome Statute and Genocide Convention.

  3. Case Study Application – Apply the legal framework to a contemporary case of mass atrocity.

  4. Challenges and Limitations – Discuss prosecutorial challenges, political interference, and selective justice concerns.

  5. Conclusion – Summarize findings and provide a balanced legal perspective.

Step 3: Conducting Legal Analysis

• The Mentor emphasized critical engagement with statutes and case law rather than summarizing secondary sources.

• Students were guided to:

  • Identify elements of genocide (intent, acts, protected groups).

  • Analyze whether the selected case satisfies these elements.

  • Examine pre-trial procedures, jurisdictional issues, and practical challenges in ICC prosecution.

Step 4: Incorporating Contemporary Issues

• The Mentor encouraged the student to discuss political will and selective justice, referencing debates on the ICC’s credibility in Africa and other regions.

• Guidance was provided on linking theory to practice, e.g., showing how political dynamics can influence prosecutions like those of Robert Mugabe, Bush, or Blair.

Step 5: Referencing and Academic Integrity

• The student was instructed on proper citation practices using AGLC.

• Guidance included how to acknowledge generative AI assistance in research or drafting.

• Tips were provided to avoid plagiarism by paraphrasing, critically analyzing, and integrating primary legal sources.

Step 6: Drafting and Revision

• The Mentor reviewed initial drafts, providing feedback on:

  • Logical flow of arguments.

  • Depth of legal analysis.

  • Integration of case studies with legal frameworks.

  • Clarity in linking evidence to conclusions.

• Revision focused on strengthening critical analysis, reducing descriptive content, and ensuring legal accuracy.

Outcome of the Assessment

Following this guided process, the student produced a well-structured essay that:

• Clearly defined the legal concepts of genocide and ICC Elements of Crimes.

• Applied these definitions to a contemporary case study with critical legal analysis.

• Evaluated challenges in prosecution, including selective justice, political interference, and procedural limitations.

• Discussed the current crisis in the ICC with a balanced perspective, supporting claims with legal reasoning rather than opinion alone.

• Used AGLC referencing and acknowledged AI assistance appropriately.

Learning Objectives Achieved

By completing this assessment with mentor guidance, the student:

1. Developed the ability to critically analyze international legal frameworks (Rome Statute, Genocide Convention).

2. Gained practical skills in applying law to real-world cases.

3. Understood the challenges of prosecuting international crimes, including political, procedural, and institutional factors.

4. Enhanced legal writing and referencing skills, including the correct use of AGLC.

5. Learned to integrate contemporary debates (selective justice, ICC credibility) into a coherent legal argument.

6. Built awareness of ethical academic practices, including proper acknowledgment of AI tools and collaborative assistance.

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