ARCHIVES
VOL. 8, ISSUE 1 (2022)
International criminal justice and the role of international criminal court
Authors
Prem Kr Gautam
Abstract
Dispensation of justice is the primary objective of International Law (in both public and private international law). International Criminal Justice is a sequential branch of international law that calls for the prosecution of men who are accused of heinous war crimes and a crime against humanity. However, many believe, that “International Law is an era of definitional ambiguity” as propounded by John F. Murphy while some others are of the view that international criminal justice fails to register its viable existence. There can be many reasons for the non-deliverance of justice to the victims at the national level, for example, where offenders are in politically influential positions, insufficient resources, deficiency, and inadequacy in national laws or/and the conduct in question may not have been criminalized in national law or a statute, etc. The United Nations has acknowledged the importance of crime prevention and criminal justice in the maintenance of international peace and security, since its early days. In 1948 UN set up the Center for International Crime Prevention. This center was part of the United Nations Office for Drug Control and Crime Prevention. Towards the goal of preventing the crime and punishing the culprit, the Economic and Social Council of the United Nations established the Commission on Crime Prevention and Criminal Justice in 1992. Several tribunals like ICTY, ICTR, and Nuremberg were set up for prosecuting the offenders. The International Court of Justice is the principal organ among the international judicial institutions with competence to deal with international crimes. In 2002, the world witnessed the establishment of the International Criminal Court. Keeping in mind the above development in the field of International Criminal Justice this paper would be discussing the issues posed in the field of International Criminal Law and the functioning of the International Criminal Court in the backdrop of sovereignty and complementarity principle.
Download
Pages:54-61
How to cite this article:
Prem Kr Gautam "International criminal justice and the role of international criminal court ". International Journal of Law, Vol 8, Issue 1, 2022, Pages 54-61
Download Author Certificate
Please enter the email address corresponding to this article submission to download your certificate.