Evolution of the Individual Criminal Accountability Principle in International Law

Abstract

The creation of Special Tribunals with authority to prosecute those accused of "grave breaches" and infringements of the law towards humanity was among the most significant breakthroughs in international law. Unquestionably, this is a recent worldwide development that has raised questions about sovereignty and impunity. Since the horrors committed by the Nazis and the Nuremberg trials, war crimes legislation has expanded its definition to include several offenses that are now referred to as "international crimes" and "crimes of genocide." Although it was created to combat the politics of punishment for those who commit these crimes, some member states are unwilling to prosecute people who commit these recognized international crimes. In fact, the Rome Statute for the International Criminal Court (ICC) was drafted due to the jurisprudence established by these Special Tribunals. More precisely, it has been maintained that Act of war crimes and Act of crimes against humanity are perpetrated by individuals and not by impersonal forces, and that international law can only be upheld and implemented by punishing those responsible for such horrible crimes. Nevertheless, a convincing argument could be made that the establishment of these tribunals heralds a revolutionary change in international law. The qualitative research methodology has been applied to the following article.