INTERNATIONAL CRIMINAL LAW: HUMAN RIGHTS VIOLATION

AUTHOR – AKANSHA, LLM SCHOLAR AT IILM GREATER NOIDA

BEST CITATION – AKANSHA, INTERNATIONAL CRIMINAL LAW: HUMAN RIGHTS VIOLATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 405-412, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

International criminal law is a fairly new thing in the international legal field aimed at making individuals answerable for the most serious human rights violations.
It has moved from the traditional international law approach which targeted states’ accountability to a more direct individual approach.

Internationale Criminal Law is built on concepts such as jus cogens (compelling law) and Aut Dedere Aut judicare (extradite or prosecute). The principles state that some offenses like genocide, crimes against humanity, war crimes and aggression are universally acknowledged and should be prosecuted no matter where they take place.

The institution whose core mandate lies within investigating and prosecuting people who are alleged to have committed these crimes is called International Criminal Court (ICC). Nevertheless, the court’s jurisdiction extends only over country members who have ratified the Rome Statute which established it. In addition, its jurisdiction might only be exercised by nationals from state parties or those going on within their territories.

Even though it has several limitations, international criminal law has contributed greatly in holding perpetrators accountable through various means. Its prevention role towards future offenses highlights the need for adherence for human rights as well as respect towards them.

KEYWORDS – International Criminal Court (ICC), Rome Statute, Genocide, Crimes against humanity, War crimes, Aggression, Jus cogens, Aut Dedere Aut judicare, international justice, National sovereignty, Accountability, Deterrence, Human rights, Rule of law