The International Criminal Court as a Fundamental Guarantee for the Protection of Human Rights
Prof. Hadi Shalluf
Professor of International Criminal Law – Kuwait International Law School
This study deals with the development of international criminal law and the emergence of the International Criminal Court represented in, first the special criminal courts, and second the International Criminal Court, which is characterized with an independent and permanent judicial body with international legal personality. The International Criminal Court’s provisions include a combination of punitive and compensatory dimensions. This research draws its significance from the fact that the International Criminal Court has become an international criminal jurisdiction of great importance whose main objective is to end impunity. It combines judicial oversight and follow-up and compels the entire human society to respect its authority. Despite its recent history, it has been able to address many cases of human rights violations, thereby strengthening its role as one of the fundamental guarantees for the protection of those rights.
The aim of this study is to highlight the positive role of the Court in relation to human rights issues and to present its shortcomings through the criticism directed at it. The study relies on the descriptive and analytical approach in tracking the founding texts of the court, along with its course and work. The research, also, used the comparative approach in dealing with the experiences of special international criminal courts established at certain stages and for specific cases.
The study concludes with a number of results, most notably the fact that the Court has recently expanded its scope of work and jurisdiction by announcing the Prosecutor’s decision of the International Criminal Court’s jurisdiction over crimes committed by the Burmese authorities against the Rohingya minority as well as over the Palestinian cause. The study recommends that the Court should eliminate the pressure of the great powers and open investigations on all war crimes, crimes against humanity, genocide and crimes of aggression.
Keywords: Nuremberg and Tokyo tribunals, crimes against humanity, Security Council, Rome Statute of the International Criminal Court, international peace and security.