TITLE

Preventive Potential of the International Criminal Court

AUTHOR(S)
Sang-Hyun, SONG
PUB. DATE
July 2013
SOURCE
Asian Journal of International Law;Jul2013, Vol. 3 Issue 2, p203
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This article discusses the transition of international criminal justice from a predominantly ex post facto punitive concept of post World War II efforts—and the ad hoc tribunals set up in the 1990s—towards a more comprehensive concept of justice centred around the International Criminal Court established by the Rome Statute, with significant potential for the prevention of future atrocities. Four sources of preventive effect are examined: deterrence, timely intervention, stabilization, and norm setting. Significant challenges remain for the Rome Statute system, notably strengthening the principle of complementarity, enhancing the co-operation of states with the ICC, securing sufficient resources for international justice, and furthering universal acceptance of the Rome Statute, especially in the Asia-Pacific. The author argues that the ultimate value of the Rome Statute system lies in entrenching legal and social norms that will help human compassion prevail over cruelty.
ACCESSION #
99007017

 

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