Chapter

A System of International Criminal Justice for Human Rights Violations: What is the General Justification for its Existence?

Andreas von Hirsch and Vivian C Schorscher

in Principles and Values in Criminal Law and Criminal Justice

Published in print August 2012 | ISBN: 9780199696796
Published online September 2012 | e-ISBN: 9780191742293 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199696796.003.0013
A System of International Criminal Justice for Human Rights Violations: What is the General Justification for its Existence?

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This chapter addresses the justification for the existence of a system of international criminal justice. For present purposes, it considers a hypothetical penal system akin to the International Criminal Court, established under the Rome Treaty in 1998. Such a system would deal with serious human rights violations, and have international jurisdiction. Its governing statute or treaty would define and proscribe such crimes, and establish an international court with authority to prosecute these offences and impose punishment of those convicted. Its sanctions would be guided by principles of individual culpability; and also of proportionality with respect to the seriousness of the crimes involved. There would be explicit standards or guidelines concerning the scaling of punishments. The question for this chapter is whether, in principle, the establishment of such a system of international criminal justice is justifiable, and why.

Keywords: international criminal justice; justice system; international criminal court; human rights violations

Chapter.  6848 words. 

Subjects: Criminal Law

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