A Mechanism for Prosecution for Aggression

CRIMINAL MEDIATION-

A MECHANISM FOR PROSECUTION FOR AGGRESSION

ABSTRACT

“When new problem arises, there should new solution”^[1].

The duty of the modern welfare state is to ensure that there is no delay in administering the justice^[2] and all the affected parties should get the justice within the reasonable time. However, today the Criminal Justice System is facing the problem of backlog of cases and it is now high time that the Indian Legislature and Judiciary should start adopting the new solutions^[3]. The fact remains unchanged that the too many cases have shifted the focus of Indian Supreme Judiciary from the prosecution for the crime of aggression. The mechanisms for prosecution for aggression of ‘Supreme Crime’ cases such as Ajmal Kasab, David Headley should exercise by domestic courts, as there are many uncertainties under complementarily mechanism. Therefore, the Indian Courts should incorporate the concept of Criminal Mediation to focus more on the cases of ‘Supreme Crime.’

Keywords:

New mechanism, Alternatives, Criminal Mediation

1. Introduction

The term ‘Aggression’ includes not only the economic aggression but also the ideological aggression. The concept of Criminal Mediation could be another mechanism for prosecution for the crime of aggression, more specifically ideological aggression and implied aggression. The ‘supreme crimes’ that are committed by the terrorist organisations should infer as the crime of implied aggression as it amount to an attack upon the integrity and sovereignty of a state. The aggression that demonstrate the attempts for extending the notion to encompass ‘economic aggression’, referred as ideological aggression^[4].

A state, no doubt, indeed, has this right to prosecute the prisoners of the aggression, and that might solve the desire of the nationalist. However, the time has change; the obsolescent methods are no more in the existence now, therefore the states must shift its focus to international criminal mediation.

This essay will try to look for the possibility of international criminal mediation between the states comprising of not only political leader but also the official of judiciary and other eminent persons of the respective states. The very concept of mediation is been evolved from the time of very existence of human beings, which also proved to be efficient and effective.

1. Concept of Mediation

Mediation is a voluntary, party-centred and structured negotiation process where a neutral third party assists the parties in amicably resolving their dispute by using specialized communication and negotiation techniques. In mediation, the parties retain the right to decide for themselves whether to settle a dispute and the terms of any settlement. Even though the mediator facilitates their communications and negotiations, the parties always retain control over the outcome of the dispute.^[5]

The facts that the mediator, advocates and different members likewise have dynamic parts in mediation the parties possess the key part in the mediation process. They are effectively urge to enlighten the accurate facts of the dispute, distinguish issues and hidden concern, produce choices for agreement and settle on a definite choice with respect to settlement. Moreover, the mediation procedure is informal, which implies that it is not administer by the rules of evidence and formal rules of method it is not an unpremeditated or easygoing procedure. The mediation process itself is organized and formalized, with very easily identifiable stages.