A Survey on the position of the principle of proportionality in the International Criminal Court

Abstract

How to determine and apply punishments has been one of the major topics in the field of criminal law, because after it became clear what is punishment and it came to the conclusion that punishment is justified, we need to determine how to allocate this punishment. Nearly one and a half decades have been passed since the establishment of the International Criminal Court and many changes have taken place in international criminal law theory during the past fifteen years, on the other hand and as mentioned, the International Criminal Court consists of all countries in the world and it should be work in conjunction with their practices and theoretical concepts or be flexible when uses the opinions or the procedures in all legal systems. The concept of the is an abstract one that has entered the field of law, so identifying and providing objective explanations is necessary for better understanding of this theory and its application in various areas of law. On the other hand the concept of in the field of international criminal law should be a compilation of all existing attitudes. Principle of proportionality is presented as a peremptory rule of international criminal law in Articles 76,78 and Article 145 of the Statute of the International Criminal Court Rules of Procedure with strong evidences which is the relationship between crime and punishment that should be based on the type and extent of injury, the victim, the criminal and circumstances of the offense and all sense of justice in the international community and state of crime scene to restore lost mental balance of humanity and deterrence and would be based on universal values and determinations in order to achieve the objectives of effective and helpful criminal laws. Investigating various crimes within the jurisdiction of the principle of of punishment in the International Criminal Court seeks to explore the question such as: What place the principle of has taken in the International Criminal Court? Why there so little penalties imposed by the Court and which sometimes seem disproportionate? And whether the penalties are in accordance and consistent with modern theories of applying more severe penalties in order to reduce crimes? All of the so called questions are helpful in understanding the procedures of the International Criminal Court.