Mechanisms of the International Criminal Court to Combat Impunity

Document Type : Technical-Scientific

Authors

1 Assistant Professor of Faculty of Law and Political Sciences at Allameh Tabataba`i University

2 MA in International Law at Shahid Ashrafi Esfahāni University

3 PhD Student of Public International Law at Allāmeh Tabātabā’i University

Abstract

Impunity of some persons for international crimes has created some problems in relations among states and international community. The historical shows that there were some offenders of international crimes who have not been tried because of immunity. The expansion of outcomes of international crimes, especially in the two recent centuries, enforced international community to react. Accordingly, the states during the second half of the 20th century decided to create mechanisms for combating impunity of the accused of international crimes. The offenders need to be tried and punished. This has been recognized as the ideal of international community. To achieve its purpose, the community tried to use different mechanisms. All trials done during the history, from Breisach to Rome, in particular trials by Nuremburg Tribunal, International Criminal Tribunal for Yugoslavia and Rwanda, indicate the seriousness of the community in combating the impunity of the offenders of international crimes. By participating in diplomatic conference in Rome (1998), the states reemphasized that they are faithful to combat impunity. The outcome of the conference was adoption of Rome Statute. It has entered into force in 2002 and resulted in creation of the International Criminal Court (ICC). One of the main purposes of the Court is to fight against impunity. By this way, it has helped to realization of one of the ideals of the international community. To realization of its purposes, especially for trial and punishment of the offenders of international crimes, the court needs special mechanisms. They have been provided for by the Rome Statute. By applying these mechanisms, the court tries to fight against impunity.  

Keywords

Judgment
Volume 16, Issue 88 - Serial Number 88
February 2017
Pages 91-114

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History

  • Receive Date: 27 September 2016
  • Revise Date: 15 January 2017
  • Accept Date: 15 January 2017

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