The International criminal court in a historical perspective

ABSTRACT In the Twentieth Century we have witnessed unprecedented scenes of violence; millions of civilians, mostly comprised of women and children, have been killed in various conflicts. However, it has almost never been possible to hold those responsible for these atrocities accountable; since an international justice mechanism providing for this, could never be established. The discussions regarding the establishment of international criminal courts in the aftermath of both World Wars and the ad hoc tribunals established in Rwanda and Yugoslavia in the 90's, prepared the road that led to the establishment of a permanent court. Finally, the Statute of the International Criminal Court was accepted in Rome on July 18th 1998 and came into force on July 1st 2002. In this study, the events that occurred before and during the Conference in which the Statute was accepted and the structural framework of the newly established court have been explained; while the weight of the study is concentrated on the Court's jurisdiction and the rules concerning the general principles of criminal law. The International Criminal Court (ICC) is complementary to the national jurisdiction. ICC's jurisdiction will only step in when national authorities are unwilling or unable genuinely to prosecute. The crimes within the jurisdiction of the court consist of acts of genocide, crimes against humanity, war crimes and, provided that a definition be achieved and incorporated into the Statute, aggression, which are committed after the entry into force of the Statute by. real persons. Acts which are committed in the territory or by the national of a State Party can be prosecuted if referred to the court by the UN Security Council or a State party, or proprio motu (by own initiative) by the prosecutor. In the trial, nearly all of the criminal law institutions recognized by national criminal laws will be applied, with their relatively different content as provided for in the Statute. VI