International criminal justice, as it has been conceived and developed in the nineteenth century, aims to prevent and repress grave breaches of fundamental values of the international community as a whole. It addresses international crimes committed by individuals, even by the highest state officials, such as heads of state or government. Consequently, international criminal justice restraints immunities and privileges that international law grants to some classes of persons with regard to acts performed in the exercise of their public functions. Furthermore, it supplements the classical concept of attribution to states of conducts carried out by their servants. Nonetheless, it is disputed whether international criminal justice could be understood beyond its inherent criminal and procedural features. In particular, the question might arise on whether international criminal justice may be perceived as an instrument for enforcing primary international rules not criminal in nature; namely, as an instrument of international law intended to maintain or restore international peace and security.

The Relationship Between International Criminal Justice and the Maintenance of Peace / Cimiotta, Emanuele; Della Morte, Gabriele. - In: DIRITTI UMANI E DIRITTO INTERNAZIONALE. - ISSN 1971-7105. - STAMPA. - 10:2(2016), pp. 361-362.

The Relationship Between International Criminal Justice and the Maintenance of Peace

Cimiotta, Emanuele
;
2016

Abstract

International criminal justice, as it has been conceived and developed in the nineteenth century, aims to prevent and repress grave breaches of fundamental values of the international community as a whole. It addresses international crimes committed by individuals, even by the highest state officials, such as heads of state or government. Consequently, international criminal justice restraints immunities and privileges that international law grants to some classes of persons with regard to acts performed in the exercise of their public functions. Furthermore, it supplements the classical concept of attribution to states of conducts carried out by their servants. Nonetheless, it is disputed whether international criminal justice could be understood beyond its inherent criminal and procedural features. In particular, the question might arise on whether international criminal justice may be perceived as an instrument for enforcing primary international rules not criminal in nature; namely, as an instrument of international law intended to maintain or restore international peace and security.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11573/877129
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