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Question 23
Compare the roles of international and domestic courts in protecting human rights.
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Answer
International courts play a crucial role in the protection of human rights by prosecuting individuals who commit serious violations and breaches of these rights. They have jurisdiction over cases that cross national borders, and can hold offenders accountable when domestic justice fails or is compromised. Examples include the International Criminal Court (ICC), which was established by the Rome Statute in 2002, and has successfully dealt with cases involving grievous violations of human rights, such as those seen in the Lubanga case in 2012.
In comparison, domestic courts have the responsibility to enforce human rights within a specific jurisdiction, allowing citizens to seek justice for violations that occur within their own country. However, their effectiveness often depends on the legal framework in place and how rigorously they apply it. Domestic courts may face challenges such as inadequate legislation, corruption, or political influence, which can impede their ability to protect human rights.
Therefore, while international courts can deliver justice on a global scale, domestic courts serve as the first line of defense against human rights violations at the national level, making both essential in the overall landscape of human rights protection.
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