The Evolution of Individual Criminal Responsibility: A Legal Perspective on its Development in International Law
DOI:
https://doi.org/10.61353/ma.0190447Keywords:
International criminal responsibility, individual international criminal responsibility, grave Violations, international crimes, international law, International Military Tribunals, International Criminal CourtAbstract
The
concept of international criminal responsibility has undergone significant transformation throughout history. Its development has been a complex and multifaceted process, shaped by various historical, political, and legal factors, This research explores the development of this concept, tracing its development from rudimentary notions of accountability in warfare to establishing international tribunals for prosecuting core international crimes. The paper examines early efforts to hold individuals liable for grave violations of international law, highlighting the challenges associated with enforcing such accountability. It then analyses the watershed moment of the Nuremberg and Tokyo Tribunals, which established the principle of individual criminal responsibility for war crimes and crimes against humanity. The research further explores the codification of these crimes in international treaties and the subsequent creation of permanent international criminal courts like the International Criminal Court (ICC). Finally, the paper discusses contemporary trends in international criminal justice, including expanding the scope of international crimes and the ongoing pursuit of accountability for atrocities committed in various regions worldwide, This research contributes to a deeper understanding of the ongoing development of international criminal law and its efforts to ensure accountability for grave violations of international law.
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