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Posted: January 18th, 2023
An analysis of the role of human rights in international criminal law
Human rights play a critical role in international criminal law. They serve as the foundation for many of the protections and guarantees provided to individuals accused of international crimes. This paper will provide an analysis of the role of human rights in international criminal law, including the ways in which human rights are protected during international criminal proceedings and the impact that human rights violations can have on international criminal responsibility.
An important ways in which human rights are protected during international criminal proceedings is through the principle of fair trial. This principle, which is embodied in the International Covenant on Civil and Political Rights, guarantees that individuals accused of international crimes will be tried in accordance with due process and the rule of law. This includes the right to a fair and impartial trial, the right to legal representation, and the right to be informed of the charges against them.
Another important way in which human rights are protected during international criminal proceedings is through the prohibition of torture and other cruel, inhumane, or degrading treatment or punishment. This prohibition is set out in the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and is considered to be a jus cogens norm, which means that it is considered to be a fundamental principle of international law from which no derogation is permitted. This means that individuals accused of international crimes cannot be subjected to torture or other forms of cruel, inhuman, or degrading treatment or punishment during the course of their detention or trial.
Human rights also play a critical role in determining international criminal responsibility. This is because many international crimes, such as genocide, war crimes, and crimes against humanity, are defined in part by the commission of serious human rights violations. For example, the crime of genocide is defined as the intentional destruction, in whole or in part, of a national, ethnic, racial, or religious group, and war crimes include acts such as murder, torture, and inhumane treatment of persons taking no active part in hostilities.
Moreover, the violations of human rights are not only considered as a crime itself but also can be used as an evidence to prove another crime, for example, a human rights violation such as torture can be used as evidence to prove the commission of a war crime.
However, it should be noted that the protection of human rights in international criminal law is not without challenges. One of the main challenges is the limited jurisdiction of international criminal tribunals. The International Criminal Court (ICC) and other international criminal tribunals only have jurisdiction over crimes committed by individuals who are nationals of states that are party to the ICC treaty or by individuals on the territory of states that are party to the ICC treaty. This means that many individuals who commit international crimes, particularly those who hold positions of power, may not be held accountable for their actions.
Another challenge is the limited resources available to international criminal tribunals. The ICC, for example, has a limited budget and staff, which can make it difficult for the Court to investigate and prosecute all of the cases that come before it. This can lead to delays in proceedings and can make it difficult for the ICC to effectively enforce its mandate.
Human rights play a critical role in international criminal law. They serve as the foundation for many of the protections and guarantees provided to individuals accused of international crimes, including the right to a fair trial and the prohibition of torture and other cruel, inhumane, or degrading treatment or punishment. However, the protection of human rights in international criminal law is not without challenges, including limited jurisdiction and limited resources available to international criminal tribunals.
Works Cited
“The Fair Trial Rights of the Accused in International Criminal Law” by K. Ambos, Journal of International Criminal Justice, Vol.6
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