The International Criminal Court and its Role in Achieving Justice - Free Essay Example

Sample details Pages: 10 Words: 3137 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? In the aftermath of the Second World War the international community came to a general consensus that the matters of peace and human dignity were to be protected, and that those who were to contravene these protections would be held accountable no matter their position or title[1]. Throughout the years the concept of International Criminal Law developed and subsequently led to the creation of the first, permanent, treaty established, international criminal court. The International Criminal Court (ICC) came into existence on the 1 July 2002 after the efficient ratification of the Rome Statute[2], and has been labelled as one of the most important advances in international law since the conception of the United Nations and the espousal of the United Nations charter[3]. Don’t waste time! Our writers will create an original "The International Criminal Court and its Role in Achieving Justice" essay for you Create order As an important institution the ICC does attempt to achieve some of the rather overzealous goals of international criminal law including, inter alia, the ending of impunity[4], recording of a public record of the history of the international community[5], resolving disagreements prior to conflict occurring[6], and identify patterns of disputes and conflicts[7]. However it is important to establish that it has been difficult for the ICC to have any meaningful role in achieving the goals of international criminal justice. For one the ICC is restricted in terms of superiority as it is considered to be a supplementary court rather than a court of superiority. This means that the ICC can only intervene when a national court is à ¢Ã¢â€š ¬Ã…“unwilling or unableà ¢Ã¢â€š ¬Ã‚  to try the crime or the suspect of those crimes[8]. Furthermore, the ICC is restricted in terms of the crimes that the institution has jurisdiction over[9]. The governing Rome Statute identifies that the ICC has con trol over a limited number of serious crimes which includes genocide, crimes against humanity, war crimes, and in the future crimes of aggression[10]. Additionally the principle of jurisdiction retione temporis impedes the court from being able to investigate crimes committed before the institution was in force[11]. These restrictions are only some of many boundaries that make it difficult for the ICC to achieve the goals of international criminal justice which suggests that their role is, to an extent, limited. The purpose of this essay is to try to establish the role that the International Criminal Court plays in relation to achieving the goals of international criminal justice, in particular its role in achieving the international communityà ¢Ã¢â€š ¬Ã¢â€ž ¢s most significant yet rather nave objective of attempting to prevent the reoccurrence of war[12]. In order to answer whether or not this has been achieved this essay will critically evaluate the work, progress, and trials of the institution over the years, and will critically discuss two sub goals of international criminal justice that if achieved will help stop the reoccurrence of war. Firstly, the essay will debate the ICCà ¢Ã¢â€š ¬Ã¢â€ž ¢s role in attempting to eradicate impunity. Secondly, it will discuss how successful the ICC has been as a deterrence to individuals who may consider committing serious international crimes[13]. There is an overabundance of objectives that are the basis of international criminal law some of which are specified, some implied and others inferred from the conduct of international law makers, institutions and experts[14]. One of the broadest goals of international criminal law is the aspiration to have a universal criminal justice system that ends impunity[15]. Impunity is a controversial characteristic of the international criminal justice system that some academics argue allows diplomacy to rule over justice[16]. In result, it has been noted that for impunity to be removed in international criminal justice, trial and punishment must be equal for all involved; à ¢Ã¢â€š ¬Ã‹Å"powerful and weak, rich and poorà ¢Ã¢â€š ¬Ã¢â€ž ¢[17]. The role that the ICC has had in attempting to achieve the goal of eradicating impunity is enshrined within its governing document. The Rome Statute preamble affirms that states parties are to be à ¢Ã¢â€š ¬Ã…“determined to put an end to impunity for the perpetrators of these crimes[18]à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚  Nevertheless, the goal of ending impunity is a demanding task for the international community to impose, and the extent of the importance of the role that the ICC has in achieving this goal is questionable[19]; especially when compared to the roles that International Military and Criminal Tribunals have played since their conception[20]. In clarification, Phooko à ¢Ã¢â€š ¬Ã¢â‚¬Å" an academic critical of the work of the ICC à ¢Ã¢â€š ¬Ã¢â‚¬Å" implies that the proposal that the ICC holds the powerful to account[21], is in reality nonsense. Phooko argues that the ICC is incapable of imposing universality in eradicating impunity, as the institution avoids prosecuting heads of states and selectively pursues the à ¢Ã¢â€š ¬Ã‹Å"small fishesà ¢Ã¢â€š ¬Ã¢â€ž ¢ involved in the crime[22]. In doing so, the ICC permits perpetrators of heinous crimes exemption from punishment for their actions. Similarly to the point above, the ICCà ¢Ã¢â€š ¬Ã¢â€ž ¢s role in achieving the goal of eradicating impunity is further criticised due to the institutions focus, which tends to be pointed at the developing countries of the world particularly those in the African continent[23]. As of the time of writing, there are a substantial amount of pending warrants of arrest in African countries including Uganda, Mali, Republic of Congo, the Central African Republic, Sudan, Kenya and the Ivory Coast[24]. This is in contrast to countries in the West where there is a total of zero arrest warrants pending. Some academics argue that this is impunity in action and give the United States as an example[25]. The United States are a developed nation that are hosting citizens who have committed a succession of international misconducts but will encounter no penalty for their actions as the ICC are preoccupied elsewhere[26]. In support of the ICC its focus, its credibility and tacit independence à ¢Ã¢â€š ¬Ã¢â‚¬Å" it is seeking to achieve Herculean goals whilst being heavily restricted not only financially but also politically and statutorily, which is tapering the institutions focus to only a few countries, crimes and individuals[27]. To exemplify, the ICCà ¢Ã¢â€š ¬Ã¢â€ž ¢s jurisdiction only extends as far as the countries who have ratified and signed the Rome Statute, so citizens of the countries out with this criterion cannot be prosecuted for international crimes by the ICC[28]. Surprisingly, this problem is evident in the majority of the larger, most contentious countries of the world inclu ding the USA, Russia, China, India and Israel[29]. Finally, the ICCà ¢Ã¢â€š ¬Ã¢â€ž ¢s role in achieving the goal of eradicating impunity is very much reliant on state cooperation. As mentioned previously in order for the ICC to try an individual for a serious crime within the jurisdiction of the ICC the national court must first of all be à ¢Ã¢â€š ¬Ã…“unwilling or unableà ¢Ã¢â€š ¬Ã‚  to try the crime or the suspect of those crimes[30]. However, even if this is the case, the ICC requires the assistance of the state in order to extradite and prosecute the individual[31]as the court does not have its own military or police force to respond to warrants of arrest[32]. The problem with this level of cooperation is that the individuals that the ICC wish to prosecute tend to be those who have a level of power, perhaps the head of state, and it is very, very unlikely that they are going to turn themselves over to the court[33]. This is no more evident than in the case of Omar Al Bas hir[34] who has been wanted by the ICC since 2009. The Sudanese pending warrants of arrest are perhaps the most complicated, not only has the country only signed the Rome Statute, but President Al Bashir hides behind the veil of diplomatic immunity as he is still the serving President of Sudan[35]. To avoid the need for state cooperation the case was referred by the United Nations Security Council so that the heinous crimes committed in Darfur, Sudan, could be investigated[36]. However as of yet Al Bashir is still free, and recent developments suggest that the probe into Sudan has been postponed, which has furthered the concern that the ICC is powerless and ineffective in attempting to eradicate impunity[37]. Although the ICC have found it difficult to eradicate impunity within the international criminal justice system, the fact that this is a goal that could eventually be achieved is somewhat of a deterrence to individuals who might have otherwise committed international crimes[ 38]; thus the ICCà ¢Ã¢â€š ¬Ã¢â€ž ¢s role as a deterrent is another way in which the institution can achieve goals of international criminal justice[39]. The development of deterrence in international criminal law began when the UN Security Council established the International Criminal Tribunal for the Former Yugoslavia giving it an unbarred time limit on conflicts that could be tried[40]. Diverging from the retributive, post ex facto tribunals of Nuremberg and Tokyo meant that potential perpetrators where forewarned that they could be held to account for their future criminal actions[41]. Similarly, the ICCà ¢Ã¢â€š ¬Ã¢â€ž ¢s governing statute emphasises that laws, and by precedent, sentencing[42], should à ¢Ã¢â€š ¬Ã…“contribute to the prevention of such crimesà ¢Ã¢â€š ¬Ã‚ [43]. One way in which the ICC has attempted to deter criminals is by breaking the mould and producing arrest warrants for sitting Heads of State who were at one point immune to prosecution[44] which has instated a level of fear into some leaders of countries who are responsible for violence in their state[45]. Furthermore the ICCà ¢Ã¢â€š ¬Ã¢â€ž ¢s ability to deter has been praised by individuals at the heart of the ICCà ¢Ã¢â€š ¬Ã¢â€ž ¢s focus. The Justice Minister for the Democratic Republic of Congo declared that tensions surrounding elections in 2011 had been suppressed and violence avoided by the deterrent effect of the ICC[46]. This suggests that the ICC just being in existence has created a deterrent effect that to some extent will help achieve the goal of preventing the reoccurrence of war and conflict. Another way in which the ICC has the ability to deter is through punishment of individuals who are convicted of international crimes creating a precedent which will deter the individual and onlookers from committing future criminal conduct[47]. The incapacitation of the offender is the judgement primarily used by the Prosecutor of the ICC when considering the punishment o f a perpetrator who is before the ICC as it is a more reliable way to promote prevention[48]. It is suggested that by incapacitating the perpetrator there will be two main benefits; for one the individual prosecuted will not be able to carry out any further crimes themselves[49], and two they will not be able to influence other potential offenders to carryout future crime[50]. Speculatively it is easy to state, like some optimists of the ICC[51], that the ICC has been successful in deterring individuals in terms of both specific and general deterrence. However, an identified problem with the use of incapacitation is that it requires a substantial amount of time to have an effect, as such some academics would suggest that the effects of incapacitation are only beneficial for a limited period of time due to restrictions in sentencing of a maximum of 30 years[52]. For these reasons the writer tends to agree that deterrence could and should be a role that the ICC plays when achieving th e goals of international criminal justice, however the ICCà ¢Ã¢â€š ¬Ã¢â€ž ¢s none existent track record of convictions[53], increasing amount of postponements[54], and the rise in additional violence[55] falls short of actually being a deterrent and therefore fails to prevent the reoccurrence of war. In conclusion, it is appropriate to express that the International Criminal Court has failed to achieve the main goal of international criminal justice to stop the reoccurrence of war. Through the critical analysis of two of the most achievable sub goals of international criminal law that the ICC should have been able to achieve à ¢Ã¢â€š ¬Ã¢â‚¬Å" to end impunity and to deter individuals from committing future criminal acts it is clear that the institution has not been successful. In actuality, the experiences of the first decade of the ICC have not offered much praise, and the next 10 years will continue to be the same unless the international community cut the red tape that is co nstricting the ICC. To end, the writer would like to suggest ways in which the ICC could within the next ten years achieve the goals of international criminal justice. Firstly, it is recommended that to eradicate impunity the ICC must somehow become a sine qua non of respect in international society[56], where cooperation is strong between the state and the ICC as without this at its foundations it cannot appropriately fight impunity[57]. Finally, in order for the ICC to be an effective instrument of deterrence it needs to understand that the à ¢Ã¢â€š ¬Ã…“men willing to commit mass murder are terribly difficult to dissuade[58]à ¢Ã¢â€š ¬Ã‚ . By this it is suggested that the ICC needs to be stricter in its approach to prosecuting, by trialling the suspects of heinous crimes and not condoning their actions by shelving the case. This is unfair on the victims and the public interest as a whole[59]. If these points can be achieved the International Criminal Court may be able to progr ess further towards achieving the goals of international criminal justice in its teenage years better than it has in its infancy. [1] S. Sang-Hyun, Preventative Potential of the International Criminal Court [2013] Asian Journal of International Law 203, 203-205 [2] Rome Statute of the International Criminal Court, July 17, 1998, U.N. Doc. A/Conf. 183/9 (last amended 2010) (hereinafter: Rome Statute) [3] K. Ambos, Observations from an International Criminal Law viewpoint [1996] 7 EJIL 519 [4] D. Zolo, Peace through Criminal Law? [2004] 2 J. Intl Crim 727, 730-731 [5] R. Cryer, H. Friman, D. Robinson and E. Wilmshurst, An Introduction to International Criminal Law and Procedure [2010] 2nd Edition CUP 30-33 [6] S. Nouwen, Justifying Justice in Crawford and Koskenniemi (eds) [2012] Cambridge Companion to International Law 331, 331 [7] I. Tallgren, The Sensibility and Sense of International Criminal Law [2002] 13 EJIL 561, 561 [8] J.J. Llewellyn, A Comment on the Complementary Jurisdiction of the International Criminal Court: Adding Insult to Injury in Transitional Context? [2001] DALHOUSIE L.J 192 [9] N. Boister, Treaty Crimes, International Criminal Court? [2009] New Criminal Law Review 341 [10] Rome Statute, Art.5, Art.6-8bis [11] Ibid, Art 11, Art 24; C. Gegout, The International Criminal Court: limits, potential and conditions for the promotion of justice and peace [2013] Third World Quarterly Vol. 34 800, 800 [12] M. Damaska, What is the point of International Criminal Justice? [2008] Faculty Scholarship Series Paper 1573 1573 329, 331, 331 [13] R. Cryer, H. Friman, D. Robinson and E. Wilmshurst, An Introduction to International Criminal Law and Procedure [2010] 2nd Edition CUP 30-33 [14] T. Jones, The goals of International Criminal Justice are both unachievable and potentially harmful. [2014] 1, 1-6 [15] C. Blake-Amarante, Peace vs. Justice: The Strategic Use of International Criminal Tribunals [ 2013] Trials and tribulations of international prosecution, 1 [16] T. Krever, International Criminal Law: an ideology critique [2013] LJIL 26(3 ) 701, 710-711 [17] R. Cryer, Prosecuting International Crimes: Selectivity and the International Criminal Law Regime [2005] CUP 198 [18] Rome Statute, para 5 of preamble [19]M. R. Phooko, How Effective the International Criminal Court has Been: Evaluating the work and progress of the International Criminal Court [2011] Notre Dame Journal of International, Comparative Human Rights Law 182 [20] R. Bellelli, International Criminal Justice: Law and Practice from the Rome Statute to Its Review (1st, Ashgate Publishing, Ltd., Surrey 2013) 69-78 [21] S. Nouwen, Justifying Justice in Crawford and Koskenniemi (eds) [2012] Cambridge Companion to International Law 331, 329 [22] M. R. Phooko, How Effective the International Criminal Court has Been: Evaluating the work and progress of the International Criminal Court [2011] Notre Dame Journal of International, Comparative Human Rights Law 182, 190 [23]Ibid; See N. Waddell P. Clark, Courting Conflict? Justice, Peace and the ICC in Africa [2008] Royal African Society for further discussion [24] International Criminal Court, Warrants of arrest (www.icc-cpi.int n/a) [25] Amnesty International , INTERNATIONAL CRIMINAL COURT: US efforts to obtain impunity for genocide, crimes against humanity and war crimes [August 2002] 1, [26] P. Sands, Torture Team: Abuse, Lawyers and Criminal Responsibility [2011] Cambridge Review of International Affairs 24 (3) 309, 309; Impunity for George Bush as mentioned in: A. P. Rubin, International Crime and Punishment [1993] 34 NI 73, 74 [27] B. Ottley T. Kleinhaus, Confronting the past: the elusive search for post-conflict justice [2010] 45 Irish Jurist 107, 143 [28] Rome Statute Art 12(2) [29] The International Criminal Court, The States Parties to the Rome Statute (https://www.icc-cpi.int ) [30] J.J. Llewellyn, A Comment on the Complementary Jurisdiction of the International Criminal Court: Adding Insult to Injury in Transitional Context? [2001] DA LHOUSIE L.J 192 [31] Rome Statute, Art. 86, Art.89 (1), [32] P. Clark, Law, Politics and Pragmatism: The ICC and Case 37 Selection in Uganda and the Democratic Republic of Congo [2008] Edited by Nicholas Waddell and Phil Clark Courting Conflict? Justice, Peace and the ICC in Africa 37, 43 [33] W. Burke-White, ICC and the Future of Legal Accountability [2003] 10 ILSA J Intl Comp L 195, 196; M. R. Phooko, How Effective the International Criminal Court has Been: Evaluating the work and progress of the International Criminal Court [2011] Notre Dame Journal of International, Comparative Human Rights Law 182, 187 [34] Prosecutor v Omar Hassan Ahmad Al Bashir, Case No. ICC-02/05-01/09-1, Warrant of Arrest (Mar. 4, 2009) [35] Rome Statute Art 98 (1); [36] Rome Statute Art 13(b) [37] D. Smith, ICC chief prosecutor shelves Darfur war crimes probe (theguardian.com 2014) accessed 07/01/2015 [38] C. Gegout, The International Criminal Court: limits, potential and conditi ons for the promotion of justice and peace [2013] Third World Quarterly Vol. 34 800, 809 [39] L. Vinjamuri, Deterrence, Democracy, and the Pursuit of International Justice [2010] Ethics International Affairs 191 [40] S. Sang-Hyun, Preventative Potential of the International Criminal Court [2013] Asian Journal of International Law 203, 203-205 [41] UN Security Council Resolution 827 (Tribunal, Former Yugoslavia), [1993] S/RES/827 [42] Prosecutor v Dusko Tadic [2000] 48 A Ch 94-1-A (ICTY): deterrence à ¢Ã¢â€š ¬Ã…“may legitimately be considered in sentencing. [43] Rome Statute, para 5 of preamble [44] K. Sikkink, The Justice Cascade (1st, W.W. Norton Company, New York 2011) 258 [45] C. Gegout, The International Criminal Court: limits, potential and conditions for the promotion of justice and peace [2013] Third World Quarterly Vol. 34 800, 809 [46] S. Sang-Hyun, Preventative Potential of the International Criminal Court [2013] Asian Journal of International Law 203, 207 [47] R. Cryer, H. Friman, D. Robinson and E. Wilmshurst, An Introduction to International Criminal Law and Procedure [2010] 2nd Edition CUP 30-33 [48] S. Nouwen, Justifying Justice in Crawford and Koskenniemi (eds) [2012] Cambridge Companion to International Law 331, 331 [49] I. Tallgren, The Sensibility and Sense of International Criminal Law [2002] 13 EJIL 561, 569 [50] K. Cronin-Furman, Managing Expectations: International Criminal Trials and the Prospects for Deterrence of Mass Atrocity [2013] The International Journal of Transitional Justice, 1, 1-21 [51] C. Stahn, Between à ¢Ã¢â€š ¬Ã‹Å"Faithà ¢Ã¢â€š ¬Ã¢â€ž ¢ and à ¢Ã¢â€š ¬Ã‹Å"Factsà ¢Ã¢â€š ¬Ã¢â€ž ¢: By What Standards Should We Assess International Criminal Justice? [2012] Leiden Journal of International Law 251, 265-267 [52] I. Tallgren, The Sensibility and Sense of International Criminal Law [2002] 13 EJIL 561, 576; discussing Rome Statute Art 77 [53] M. R. Phooko, How Effective the Inter national Criminal Court has Been: Evaluating the work and progress of the International Criminal Court [2011] Notre Dame Journal of International, Comparative Human Rights Law 182, 186-190; 190-195 [54] D. Smith, ICC chief prosecutor shelves Darfur war crimes probe (theguardian.com 2014) [55] M. Chulov, Syria: UN lists names of Assad officials who could face ICC prosecution (theguardian.com 2011) accessed 08/01/2015 [56] C. Stephen, International Criminal Law: Wielding the sword of universal criminal justice? [2012] ICLQ 61(1) 55, 63 [57] Ibid 84 [58] G. Bass, Stay the Hand of Vengeance: The Politics of War Crimes Tribunals [2000] PUP 58, 58-60 [59] M. R. Phooko, How Effective the International Criminal Court has Been: Evaluating the work and progress of the International Criminal Court [2011] Notre Dame Journal of International, Comparative Human Rights Law 182

Rhetorical Analysis Of Shakespeare s The Bush

Option 3 In American society there is a common characteristic throughout the population for individuals to strive towards always being correct. However, with the plethora of contrasting views and stances on a multitude of topics, the possibility of always being correct diminishes considerably. Intriguing is the fact that even when individuals possess this knowledge of the unlikelihood of being correct, both debating parties will defend their beliefs, in some cases, even after one side has been proven wrong. When a previously held conclusion is threatened by another’s tempers can boil up. This rising of emotion was seen throughout Laura Bohannan’s Shakespeare in the Bush. Bohannan repeatedly began defending her interpretation of Hamlet the instant an elder began giving ideas that were contrasting towards her own. When Bohannan discussed how Hamlet’s uncle married his widowed mother and the elders began defending the notion she states, â€Å"I was to upset and thr own too far off-balance by having one of the most important elements in Hamlet knocked straight out of the picture (4).† As the passage progresses the descriptive words that Bohannan uses to depict how she was replying to the elder’s rebuttals slowly became more vehement. She begins to state she spoke â€Å"firmly† and that â€Å"she snapped† when debating Hamlet (5,6). Furthermore, she stated that,â€Å" my audience looked as confused as I sounded† implying that she began contemplating the possibilities that her interpretation wasShow MoreRelatedFrancis Bacon15624 Words   |  63 Pageschapters of his new, strange book that Montaigne introduced the fashion of writing briefly, irregularly, with constant digressions and interruptions, about the world as it appears to the individual who writes. It has always been admitted that Montaigne s genius has an affinity with the English. He was early read in England, and cer tainly by Bacon, whose is the second great name connected with this form of literature. It was in 1597, only five years after the death of Montaigne, that Bacon publishedRead MoreOrganisational Theory230255 Words   |  922 Pagesmanaging, organizing and reflecting on both formal and informal structures, and in this respect you will find this book timely, interesting and valuable. Peter Holdt Christensen, Associate Professor, Copenhagen Business School, Denmark McAuley et al.’s book is thought-provoking, witty and highly relevant for understanding contemporary organizational dilemmas. The book engages in an imaginative way with a wealth of organizational concepts and theories as well as provides insightful examples from theRead MoreAnalysis: Dogville30953 Words   |  124 Pageslà ¦ser rapporten. Abstract In this report an analysis of the film Dogville, 2003, directed by Lars von Trier, is carried out. At its premiere and in the debate, the film instigated, it was characterised as anti-American, moral, religious and so on. The starting point, from which the project has been produced, is the thesis that Dogville is a film that has a very complex form, which makes it hard to attribute certain attitudes to it. In the analysis, this thesis is investigated, and in the discussionRead MoreLogical Reasoning189930 Words   |  760 PagesReasons ................................................................................................ 236 Deceiving with Loaded Language ................................................................................................... 238 Using Rhetorical Devices .................................................................................................................. 240 Review of Major Points .............................................................................................

Links Between Hr Strategy/Policy and National/Organizational Culture Free Essays

string(47) " executives become rituals within the company\." 2. Explain the links between HR strategy/policy and national/organizational culture. Recent research suggests that the management of human resources has become increasingly important for business success. We will write a custom essay sample on Links Between Hr Strategy/Policy and National/Organizational Culture or any similar topic only for you Order Now Employees are said to be one of the most valuable assets to an organization; as a result the effective management of these employees is essential. Management literature has had a tendency to associate human resource management (HRM) with firm performance. It is this link which has been the underlying cause for the abundance of research regarding HRM practices and their effects on a firm. However, there is a substantial debate within the literature that argues that HRM practices do not directly impact organizational performance (Boxall Purcell, 2000), with claims that there is a missing link between the two. In regards to this ‘black box’ the concept of organizational culture has emerged. It is said that organizational culture is manifested in the behavior of its employees (Ngo Loi, 2008), and is entrenched in the everyday working lives of cultural members (Martin, 2004). Culture is claimed to affect employee’s job attitudes, efficiency and productivity (Mahal, 2009), and can impact the ability to carry out an organizations plans and meet strategic goals (Chan, Shaffer Snape, 2004). With these assertions, organizational culture could in fact influence a firm’s productivity and their overall performance. This paper examines the relationship between HRM, organizational culture and firm performance. The next section of this paper defines and explains the organizational culture concept. I then investigate the relationship between HRM and organizational culture by exploring the overarching themes which emerge from the literature regarding this link. Finally, I explore the relationship between HRM, organizational culture and firm performance. The Link between HRM and Organizational Culture Previous literature has identified and focused around two common sources of organizational culture: (1) founders of the organization, and (2) national culture. Barney (1986) claimed that firms are historically bound. In line with Schein (2004) he argued that a firm’s culture reflects the unique personality of its founders. Along with these unique personalities a number of scholars have alleged that culture originates in the values and assumptions articulated by top management, which in turn, play an important role in shaping cultural views and employee’s behaviours (Chew Sharma, 2005; Mahal, 2009). These values are then reinforced in a number of ways. Smircich (1983) articulated that top managers mould organizational cultures, and thus the values and beliefs held by employees, to suit their strategic ends; in turn the corporate culture should reflect the vision of the firm (Ngo Loi, 2008). Values are also reiterated in hiring employees with similar priorities to top management as well as thoroughly socializing new employees to elicit those desired behaviours (Martin, 2004). Furthermore, national culture plays a prevailing role in shaping organizational culture. National culture refers to the culture specific to a national group (Chew Sharma, 2005), and is entrenched deeply within individual’s everyday lives. These ingrained values will subconsciously affect how management practices are both carried out and received in an organization, and therefore how employee’s will behave within the firm (Chew Sharma, 2005). Consequently, acompany’s culture is said to be linked to the founders of the organization and the values which they demonstrate, as well as the National culture in which the organization was first founded. A third relationship has begun to emerge out of management literature. There have been claims by a number of scholars (Bowen Ostroff, 2004; Cabrera Bonache, 1999; Lau Ngo, 2004; Wilkins,1984) that organizational culture is related to HRM and the human resource practices which are implemented by the organization. HRM has become an increasingly important activity within an organization. Its function is to attract, develop, motivate and retain employee’s who ensure the effective functioning of the organization (Jackson Schuler, 1995). Relatively little is known about the link between organizational culture and HRM, as few empirical studies testing this relationship have been conducted (Platonova, 2005). However, a few overarching themes emerge from the literature regarding this HRM-culture relationship. HRM Practices Influence Organizational Culture Within the HRM-organizational culture link lays a belief that firm’s HRM practices will motivate employees to adopt certain attitudes and behaviours, and will therefore elicit a certain corporate culture (Bowen Ostroff, 2004; Cabrera Bonache, 1999; Chow Liu, 2009; Lau Ngo, 2004; Ngo Loi, 2008; Wilkins, 1984). One of the earliest views on this HRM-organizational culture link was from Peters (1978), who suggested that management systems (e. g. HRM systems) could be thought of as mechanisms to transmit values and beliefs of the organization which, as a result, help to shape its character. With organizational culture comprising a range of social phenomena there are certain situations in which organizational norms are not the result of shared values among employees; rather, they are determined by the rules and practices an organization implements (Cabrera Bonache, 1999). Tichy (1983) thought that the way in which HRM systems are designed can communicate important and useful information about the organizations culture to employees. Schwartz Davis (1981) also argued that HR practices provide information to employees. They convey standardized information to employees about expected patterns of activity and acceptable behaviours which allow the firm to achieve its objective. Lewicki (1981) argues that HRM practices answer three questions for employees, providing information to staff about the acceptable behaviours: (1) what does the organization expect from its employees? (2) What kind of behaviour does the organization reward? And (3) what are the dos and don’ts of proper social conduct within the system? (p. 8). Ulrich (1984) iterates this view using an example of socialization programs. Her belief is that socialization and induction programs play a significant role in transmitting corporate culture to individuals entering into the organization. They ensure that acceptable behaviours and cultural norms are passed down to new employees, thus keeping organizational culture consistent. It is through this shared information as well as the experiences of employees that behavioural norms are established, thus becoming the means through which culture is created and sustained within the firm. Building on the HRM-organizational culture link, Ulrich (1984) advocates that procedures and practices implemented by HR executives become rituals within the company. You read "Links Between Hr Strategy/Policy and National/Organizational Culture" in category "Essay examples" Ulrich deems rituals to be customary and repeated actions within a firm. They take on a meaning within the organization. As we identified earlier, rituals are a symbolic tool in which values are manifested. These rituals, which include evaluation and reward procedures, help guide the behaviour of employee’s as they establish boundaries and behavioural norms within the firm. Wilkins (1984) asserts a different view; that HR systems can create career paths for employees as well as groupings of people who remain in the firm for a long enough time for a company culture to form. This outlook suggests that firms can implement HR practices that foster job security and internal career development in order to keep turnover low, and maintain those social phenomena that comprise organizational culture (values, beliefs, norms, assumptions) within the organization, and therefore forming a strong organizational culture. While a number of scholars claim that HRM practices lead to organizational culture, few studies have been conducted on the relationship. Lau and Ngo (2004) studied 332 firms HR and organizational development practices in Hong Kong. The board purpose of this study was to explore the link between culture, HR systems and outcomes. The research found that HR practices which emphasize training, performance based reward as well as team development help to create an organizational culture that promotes innovation. Organizational culture was said to play a mediation role between the HR system and the firm’s outcomes. That is, the HR practices implemented by the firm had an effect on the organizational culture, which in turn had a direct impact on employee’s behaviours and outcomes. This study demonstrated that a company’s culture was significant in affecting employee’s outcomes; regardless, the culture needs to be supported by an HR system that elicits those behaviours needed to achieve the desired outcomes. High Commitment Management Practices Influence Organizational Cultures Following on from the view that human resource practices can influence employee’s behaviour is an argument that only certain practices will be beneficial to an organization’s culture. Corporate culture will only be an advantage when it is seen as appropriate in order to achieve a certain objective or organizational goal (Chow Liu, 2009); not all practices will elicit an appropriate culture. High Commitment Management (HCM), or best practice, is a theory that has outlined a number of HRM practices which are believed to help a firm achieve competitive success from its workforce (Pfeffer, 1995). It is a common held belief within the literature that â€Å"systems of high commitment HR practices increase organizational effectiveness by creating conditions where employees become highly involved in the organization and work hard to accomplish the organization’s goals (Whitener, 2001, p. 516). Pfeffer (1998), the founder of best practice, believed that there were seven core practices which characterized the most successful organizations: employment security; selective hiring of new personnel; self managed teams; high compensation contingent on organizational performance; extensive training; reduced status distinction and barriers; and extensive sharing of information throughout the organization. When implemented these practices would lead to high levels of job satisfaction, retention and motivation of employee’s, which in turn influence a firm’s effectiveness and performance. It is thought that these HCM practices shape work force attitudes and values by framing employee’s perceptions of what the organization is like and help to influence their relationship with the organization. Employee behaviours and attitudes are said to reflect their perceptions and expectations about the organization; their behaviours respond to the treatment they receive from the firm (Whitener, 2001). Accordingly, HCM practices are said to act as a culture embedding mechanism (Hartog Verburg, 2004), playing an important role in reinforcing certain behaviours within employees and therefore shaping corporate culture. Kerr Slocum (1987) demonstrate this relationship. They state that some organizations have cultures emphasizing the value of teamwork and security. These values foster loyalty to the organization and give employees a long term commitment. They iterate that other organizations consist of cultures which emphasize personal initiative and individual rewards. These values reinforce norms where organizational members do not promise loyalty and where the company does not provide job security. These authors point out that the practices, specifically HCM practices implemented by an organization, bring out certain behaviours from employees. For that reason, a firm can manipulate its culture by implementing practices which foster the behaviours they want to achieve from employees, and those behaviours that will help the company achieve their strategic goals. A small number of studies have been conducted exploring the relationship between certain best practices and organizational culture. In her study of 170 individuals views on compensation systems, Kuhn (2009) found that a bonus being rewarded on the basis of individual outcomes, compared to team or organizational performance led to the organizational culture being regarded as relatively more individualistic. Sheridan’s (1992) longitudinal study of 904 college graduates hired in six public accounting firms found that the firm’s organizational culture had a significant effect of the retention rates of these employees. Those firms that had a culture fostering the interpersonal relationship values of teams and respect for people stayed 14 months longer than those hired in firms whose culture emphasized the work task values of detail and stability. These two examples, in which both show the implementation of HCM or best practice, illustrate that organizational culture is contingent upon the HRM practices implemented. Practices will elicit different behaviours from employees. In addition claims are made that these behaviours will facilitate or hinder performance and efficiency within a company. Strategy Shapes HRM Practices which in turn Shape Organizational Culture In accordance with the view that HRM/HCM practices influence organizational culture, employee’s behaviours are said to be indirectly affected through a company’s strategy (Bowen Ostroff, 2004; Chow Liu, 2009). The term Strategic Human Resource Management (SHRM) has emerged within recent management literature to cover the relationship between a firm’s strategy and their HRM system. This perspective of HRM is commonly seen as comprising integrated functions which are linked to organizational strategy (Macky, 2008). The guiding logic behind this view is that a firm’s human resource practices must, â€Å"develop employees’ skills, knowledge and motivation such that employees behave in ways that are instrumental to the implementation of a particular strategy† (Bowen Ostroff, 2004, p. 05). Given a certain strategic goal, a set of HRM practices should be implemented to help the organization attain these goals. Different business strategies will therefore require the implementation of a varied set of HRM practices in order to elicit certain behaviours from employees’. Attention should be paid to designing an HR system that is best able to link the desired cultur e and business strategy. For innovation-oriented firms, HR must implement innovation-enhancing practices to obtain the desired behaviours associated with innovation (Lau Ngo, 2004). With strategy affecting HRM practices, culture is indirectly affected. This culture will be an asset for an organization if it encourages the behaviours that support the organizations intended strategy (Cabrera Bonache, 1999). Organizational Cultures Influence HRM Practices There is a belief, held by a small number of scholars, which challenges the previous, more widely accepted view that HRM practices (and HCM practices) influence organizational culture. While this view appears within some industrial psychology literature, it is a less common perspective among management scholars. These scholars find that prominent core values within an organizational culture have a strong influence on management practices and in shaping HRM systems (Ferris et al. , 1998; Aycan, Kanungo, Sinha, 1999). This view asserts that firstly values and other social phenomena form within the organization, while HRM practices occur because of the organizational culture already entrenched within the firm. The social context model, developed by Ferris et al. (1998) claims that the attitudes, beliefs, and values which make up the corporate culture drive the development of HRM policies, practices, and systems. These scholars profess that a well-defined culture within a firm should drive the development of consistent HRM policies, as employees values are reflected in the formation of these policies. Furthermore, these policies should drive the design of a set of mutually supporting and integrated HRM practices which form a cooperative system. Bowen and Ostroff (2004) expand on this view. They allege that organizational assumptions and values shape HRM practices, which, in turn reinforce cultural norms and routines which shape individuals performance. Aycan et al. (1999) as well as Aycan et al. (2000) advocate the model of culture fit. This model contends that managers implement HRM practices based of their assumption about the nature and behaviour of employees. There needs to be a rationale behind the practices which HR implements; they do not evolve within a vacuum. For this reason HR practices are there to reinforce the values, behaviours and assumptions which already exist within the organization, and to further develop these social phenomena. The Link between HRM, Organizational Culture and Performance Scholars have long asserted that the way in which an organization manages its employees can influence its performance (Delaney Huselid, 1996). HRM is therefore an organizational issue which firms cannot afford to ignore. Much of previous HRM and organizational culture literature is based on this assertion that human resource practices and corporate culture are linked to organizational performance (Platonova, 2005). The underlying assumption of the link between HRM, organizational culture and performance is that HRM practices lead to employee knowledge, skills, and abilities, which in turn are said to influence firm performance at the collective level (Bowen Ostroff, 2004). While a small number of empirical studies have tested the relationship between HRM and organizational culture a copious amount of research exists on the HRM-firm performance link. In addition, a number of empirical studies have also focused on the organizational culture-performance relationship. The relationship between comprehensive sets of HR practices and firm performance has been frequently demonstrated within the literature. Becker and Gerhart (1996) explain that HR decisions can influence organizational performance through increased efficiency or revenue growth. Barney (1986) notes that increased firm performance is often attributed to higher profitability, while Bowen and Ostroff (2004) argue that increased motivation from employees leads to higher firm performance. A large number of empirical studies have been conducted on the relationship between HRM practices and firm profitability. Pfeffer (1995) identified a certain set of best practices which companies can implement to manage their employees. He argues that these practices are universal in nature, and will have a positive effect on organizational performance. The implementation of HRM practices can contribute to firm performance by motivating employees to adopt desired attitudes and behaviours. They tend to unify people around shared goals which will shape and guide employee behaviour. In addition HCM practices are said to create an internal atmosphere where employees become highly involved in the organization and work hard to accomplish goals the firm sets. In his study of steel minimills, Arthur (1994) found that reward systems provided considerable motivation for employees, which in turn contributed to an increase in productivity. His study also found that higher rewards contribute to a decrease in turnover among staff. Merit or incentive pay systems provide rewards for meeting specific goals; in turn employees will be motivated to achieve these goals (Delaney Huselid, 1996). Koch and McGrath (1996) found that investment in recruitment and selection procedures was positively related to labour productivity. Their findings suggest that labour productivity is related to those proactive firms, those firms who plan for their future labour needs, and those that make investments in getting the ‘right’ people for the job. In addition a number of claims have been made alleging that HRM practices can influence performance by impacting employees’ knowledge, skills and abilities. Practices fostering extensive training can be considered a source of competitive advantage, as they involve keeping employee’s skills and knowledge up to date. Training is said to have a positive impact on performance (Delaney Huselid, 1996) by impacting dimensions such as product quality. In their study of 590 firms, Delaney and Huselid (1996) found positive associations between practices such as training and firm performance measures. Pfeffer (1998) also conveys a link between training of employee’s and profits. Some scholars assert that HRM practices will lead to increased performance when there is a high level of fit between the practices and the organization’s strategy. This is commonly known as the configurational perspective of SHRM. This perspective maintains that an organization should implement HRM practices that are congruent with the firm’s strategy, and are consistent with one another. Two practices can work together to enhance each other’s effectiveness; consequently a powerful connection is formed (Delery, 1998). The implementation of firm specific training programs combined with highly selective staffing practices can work together to generate a talented pool of employees with high productivity. It is therefore thought that HR practices which complement each other and the firm’s strategy will have a positive effect on organizational performance (Lengnick- Hall, Lengnick-Hall, Andrade, Drake, 2009). Overall, there is a strong view in the literature that certain HRM practices lead to increased organizational performance. However, studies on this relationship often differ as to the extent a practice is likely to be positively or negatively related to performance (Becker Gerhart, 1996). Some scholars also express concern regarding the causality between this relationship; do empirical studies actually prove that HRM practices cause increased performance? It has been said that HRM practices are not the only factor which could affect a firm’s performance; many other organizational and environment factors could in fact be attributed to performance (Boxall Purcell, 2000). Barney (1986) developed the Resource Based View of the firm (RBV). He argued that certain organizational resources and capabilities can lead to a sustainable competitive advantage for the firm, and therefore can increase organizational performance through superior financial performance. Barney (1986) affirmed that a firm’s organizational culture can in fact be one of these resources. However, he asserts that not just any culture will lead to a competitive advantage; corporate culture must be valuable, rare, imperfectly imitable, and be of value to the entire organization. If a company’s organizational culture meets these four criteria it has a better opportunity to be a source of sustained competitive advantage. In addition an appropriate HRM system can create and develop organizational capabilities which themselves become sources of competitive advantage (Lau Ngo, 2004). For example, one of America’s most successful retailers, Nordstrom, attributes their success to its culture of customer service. This culture is seen as a unique, valuable and hard to imitate resource and has become a source of competitive advantage for the company (Carmeli Tishler, 2004). Since organizational cultures and HRM systems can be a valuable resource for companies they have a key role to play in the firm performance link. Conclusion This paper has focused around the concept of organizational culture. It has primarily explored the relationship and different views between HRM and culture. While a number of challenging views exist in regards to the HRM- culture link, it is commonly found that HRM practices influence organizational culture, by providing information to employee’s that impacts their assumptions, values and attitudes. In addition, certain HCM practices are said to shape work force attitudes by framing employee’s perceptions about the organization; in turn leading to higher levels of job satisfaction, retention and motivation; all of which influence a firm’s performance. Furthermore, an organization’s strategy has been alleged to influence corporate culture indirectly through the implementation of HRM practices that help the organization attain their goals. Organizational culture has been considered a valuable resource for companies and could in fact lead to a competitive advantage for the firm. While HRM has been argued to affect organizational culture, and in turn lead to firm performance we need to be wary of arguing that current evidence proves this relationship. There could, and probably are, a number of other organizational elements that provide a link between HRM and firm performance. More studies regarding the organizational culture and performance link need to be conducted before we can deduce this causality relationship. In saying this, organizational culture has been shown to be an important aspect of a firm, as it can, and does affect employee’s behaviours, motivation and value. 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