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The jurisdictional basis of the International Criminal Court

[journal article]

Viau, Sarah

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Abstract As Falk notes, the International Criminal Court represents an idealistic mentality, optimistic about the possibility of reforming the international system in order to prevent certain behaviour by establishing an international authority capable of punishment and deterrence. Growing support for the International Criminal Court can be directly related to the growth of legal regimes committed to the protection of human rights, and to the growth of international humanitarian law, which presupposes a conception of the individual as the bearer of rights and obligations, as well as an interest in protecting the individual from gross violations of human rights. Now that the International Criminal Court has received sufficient ratifications from Member States of the United Nations, it exists as a legal entity with jurisdiction over international crimes and a mandate to hold perpetrators of human rights abuses accountable for their actions. As such, the Court can be seen as a declaration that certain behaviour will not be tolerated by the international community, and that individuals will be held accountable for violating these standards. (author's abstract)
Keywords International Court of Justice; International Criminal Court; international system; international law; international politics; jurisdiction; human rights; human rights violation; international recognition; international organization; constitutional state; ratification
Classification International Relations, International Politics, Foreign Affairs, Development Policy; Law
Document language English
Publication Year 2004
Page/Pages p. 1-32
Journal Federal Governance, 1 (2004) 1
ISSN 1923-6158
Status Published Version; peer reviewed
Licence Basic Digital Peer Publishing Licence