Thesis: Grand Corruption Is a Serious

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[. . .] 63, 2). One of its tasks will be to "review periodically the implementation of this Convention by its States Parties" (Argandona, 2007)."

The monitoring process is a long-term program that must be modified to meet the needs of changing situations and the learning processes of the parties (Argandona, 2007). This process must possess an elevated rate of State Party cooperation along with a competent, appropriately resourced Secretariat (Argandona, 2007). It is essential to encourage the compilation and publication of data concerning anti-corruption efforts in various nations (Argandona, 2007). This information is needed to promote transparency during different stages of the process (Argandona, 2007). Additionally sensible restrictions must be established concerning what can be achieved (Argandona, 2007). The States Parties must create political support for the process and take advantage of the synergies available through other monitoring instruments (Argandona, 2007).

Overall it appears that while the intention of convention was noble, in many cases the convention is not very effective in curbing the problem of Grand corruption. This is due to the way in which the convention was drafted and the many different types of government that are part of the convention. The issues laid out in the convention that are seen as detrimental to one nation may be viewed as completely acceptable in another nation. With these things understood it is difficult to not only develop uniform standards against grand corruption but also difficult to enforce any standard.

What grounds ( for and against) can there be to qualify grand corruption as a crime against humanity?

There have been many different assertions concerning certain forms of grand corruption being classified as a crime against humanity. Those who argue that grand corruption should be classified as a crime against humanity. For instance Starr (2007) explains that grand governmental corruption involving the large-scale depletion of treasuries by heads of state should be considered a crime against humanity. The author explains the grounds for this can be attributed to the fact that grand governmental corruption.

"has catastrophic consequences that are foreseeable to the perpetrators: extreme poverty and decimated government services, resulting in widespread deaths from food-borne diseases, water-borne diseases, and HIV / AIDS. International criminal tribunals could con-tribute meaningfully to the fight against kleptocracy. They have considerable powers to trace, freeze, and seize stolen funds, and can exercise jurisdiction where other domestic or international remedies are unavailable. They might also have a norm-shaping and/or deterrent effect (Starr 2007,4)."

With these things understood Starr (2007) and other authors believe that this particular types of grand corruption is worthy of being called a crime against humanity and officials who commit these crimes should be punished accordingly.

However the United Nations and the international tribunals supported by the organization have made it a rarity to target this kleptocracy. Starr (2007) explains that such an omission is a travesty and prevents the international justice system from fully protecting the citizens of countries where such corruption occurs. The author also explains that there is a robust legal argument for treating grand corruption as a crime against humanity that would not require the implementation of new treaties. Also in some situations when the consequences are severe and expected, grand corruption could also be placed in the category of "other inhumane acts,." This has been the case under customary international law and was also an aspect of the Rome Statute. With these things understood there are some very real problems associated with this approach because the relevant doctrines were created with crisis contexts in mind. The author further explains

"International criminal tribunals, and particularly the nascent ICC, face serious political obstacles to their effectiveness. They cannot cavalierly add new categories of crimes to their agendas. Instead, they must carefully consider the consequences of their actions for their legitimacy and for states' willingness to cooperate with them. With this in mind, I conclude that crisis-centered strategies in the near-term might help to catalyze inter-national acceptance of new legal principles that could then be applied in other contexts. This has happened historically, for example, with the development of modern international human rights law, which emerged largely in response to World War II and the Holocaust but now systematically regulates the peacetime relationship of governments to their citizens. International criminal law could undergo a similar transformation. If so, its exclusive focus on war and mass atrocity might amount to a transitional stage in this young and evolving field. (Starr, 2007, 4-5)."

The question of whether or not some cases of grand corruption will be labeled crimes against humanity is yet to be seen. The lack of specificity that esits within the UN about so many aspects of corruption have long been an impediment to stopping the corruption and this issue is no exception. The need for tougher laws concerning grand corruption at the hands of government is definitely an issue that needs to be addressed by organizations that seek to end corruption and promote peace and health in various countries throughout the world. The need to severely punish people that commit such crimes is of particular importance in developing countries which often struggle with factors such as education healthcare and poverty. As Starr (2007) pointed out, when government officials raid treasuries and use the money to finance their lavish lifestyles, the citizens of the country suffer greatly. In many cases such suffering can lead to death and generational poverty. As it relates to this type of corruption leading to death, much of the money taken by corrupt officials could be use in more productive ways to finance hospitals and purchase medication for the sick. In many countries HIV / AIDS rates are at an all time high as government officials squander money that could be used to purchase medicine that could prolong the lives of many people. Additionally the money that is stolen could be used to improve or create schools for children. Education is vitally important within in any context and in developing countries it is of particular importance because it can dictate just how quickly the country can develop and whether or not the people of the country will have control over such development. When people are uneducated, they often after rely on others to manage the development. Education increases the likelihood that a country can control its own destiny and end the cycle of poverty. With these things understand there are substantial grounds to qualify grand corruption as a crime against humanity in some instances.

Making such a designation would also serve as a deterrent for other government leaders who may be tempted to act in ways that are destructive and harmful to their countries and the people that they have been entrusted to serve. In many cases government officials commit act of grand corruption because they know that there will be no consequences or the consequences will not be very severe. If grand corruption was treated as a crime against humanity it is possible that some leaders will be less likely to engage in corruption. Declaring certain types of grand corruption as a crime against humanity would also be beneficial in setting a standard for what types of behaviors are unacceptable. In addition it would establish a form f international accountability that is not currently present.

In the case of developing nations in Africa, how effective is the African Charter against corruption in curbing grand corruption?, and why is corruption so persistent?

The African Charter on Human and People's Rights was first developed in 1981 and put into effect in 1986. The charter was designed to unify the African nations that were a part of the charter and to clearly define human rights standards while also making a commitment to enforcing the established standards ("African Charter on Human and People's Rights"). In addition the charter establishes the African Commission which is designed to carry-out the following duties based on Chapter II and Article 45 of the African Charter on Human and People's Rights. This aspect of the charter explains that the functions of the commission will be to encourage human and peoples' rights through the collection of documents, the conducting of studies concerning the African problems as it relates to human and peoples' rights ("African Charter on Human and People's Rights"). The commission was also created to develop seminars and conferences, promote cooperation between national and local institution and disseminating information associated with the promotion of human and peoples' rights ("African Charter on Human and People's Rights"). The commission is also expected to make recommendations and, should the case arise, give its views or make recommendations to Governments. The purpose of the commission is also to create and implement principles and rules associated with resolving legal problems associated with human rights and freedoms upon which African Governments base their legislation ("African Charter on Human and People's Rights"). The commission pledges to cooperate with international institutions and African nations to encourage and enforce the protection of human rights ("African Charter on Human… [END OF PREVIEW]

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Grand Corruption Is a Serious.  (2010, October 25).  Retrieved April 22, 2019, from https://www.essaytown.com/subjects/paper/grand-corruption-serious/7456175

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"Grand Corruption Is a Serious."  Essaytown.com.  October 25, 2010.  Accessed April 22, 2019.
https://www.essaytown.com/subjects/paper/grand-corruption-serious/7456175.