THE FUNCTION OF THE INTERNATIONAL CRIMINAL COURT IN DEFENDING HUMAN RIGHTS AGAINST CRIMES

Abstract

Humankind had to wait for the shock of the dramatic events and gross violations of human rights in the former Yugoslavia and Rwanda for the international community to accept the idea of establishing a permanent international criminal court, which was established after the obstacles and criticisms leveled at the international military tribunals of Nuremberg 1945 AD and Tokyo 1946 AD, and the Special International Criminal Courts for the former Yugoslavia 1993 AD and Rwanda in 1994; Which centered its foundation around its submission to the logic of control, power and inequality. On this basis, the international community intensified efforts to reach the endorsement of the Statute of the International Criminal Court, In addition to punishing the perpetrators of human rights violations and preventing crimes in the future, the court sets principles with regard to reparation for the damages suffered by the victims or in relation to them, including restitution, compensation and rehabilitation, by establishing a trust fund for the benefit of the victims in the crimes that fall within the jurisdiction of the court and for the benefit of the families the victims. The study adopted the historical approach, the comparative analytical approach, and the descriptive approach in order to stand on the historical development of the efforts of the International Criminal Court in protecting and promoting human rights, as well as tracking the efforts and studies that accelerated the achievement of this goal, as well as analyzing and scrutinizing opinions and positions in the light of the rules of international law and decisions of international legitimacy