The Enforcement Mechanism of International Criminal Law: A Historical Analysis

Abstract

Since time immemorial safeguarding fundamental human values inter alia remained rudimentary consideration of politically developed society. Eventually though not mechanically, all those acts by and large in contravention of the fundamental values of humanity were criminalized. In this way, certain violations of the fundamental values of humanity were classified as international crimes. For the suppression, prevention and prosecution of international crimes, the newly developed discipline international criminal law came into field. Besides prosecuting international crimes, the most sacred objective of international criminal law is the systematic protection of fundamental values of humanity. Therefore, this work suggests that the development of international criminal justice system was primarily focused on the protection of fundamental values of humanity. To this end, the article focuses on the development of enforcement mechanism of International criminal law in three stages starting from the year 1268 to 1998 and onwards. Based on the model presented by Cheriff Bassiouni, the article discusses that how the enforcement mechanisms of international criminal law works for the protection of fundamental values. Owing to it, this work elaborate the different functioning modalities of international criminal law. Lastly, the article concludes that international criminal law systematically operates for upholding the rule of law and human dignity.

Keywords: (International Criminal Law, international crimes, human dignity, perpetrators, public international law, domestic jurisdiction)