Justice Beyond The Bench: A Legal And Psychological Analysis Of The International Criminal Court’s Role In Enforcing Human Rights In India And Liberia
- IJLLR Journal
- Apr 6
- 2 min read
Sam Siryon, BA LLB (Hons.) School of Legal Studies, Apeejay Stya University
John Saah Morlu, BSc Biology & Education, MSc Applied Psychology, School of Behavioral Sciences, Apeejay Stya University
ABSTRACT
The International Criminal Court (ICC) serves as a global arbiter for the most heinous crimes, yet its efficacy in enforcing human rights is often dictated by a state's level of engagement. This paper presents a dual-lens analysis; legal and psychological, of the ICC’s role in India and Liberia. Legally, the study examines the “Principle of Complementarity”and jurisdictional boundaries, noting that while Liberia’s status as a State Party facilitates direct intervention, India’s non-signatory stance highlights the tension between national sovereignty and international accountability.
Beyond formal statutes, the research explores the psychological impact of international justice on victim-survivors and societal healing. By investigating mechanisms such as the Trust Fund for Victims, the paper evaluates how the ICC addresses transgenerational trauma and provides symbolic reparations that domestic systems often overlook. In Liberia, the Court’s influence is measured by its ability to break the "psychology of impunity" and foster communal reconciliation. Conversely, in India, the absence of ICC jurisdiction shifts the focus to how international norms psychologically influence domestic judicial "willingness" to prosecute grave violations. Through a comparative methodology, the study evaluates the ICC’s impact on domestic legal frameworks and the collective mental health of affected populations. Findings indicate that while ICC membership provides a robust legal architecture for accountability, its true success depends on its psychological resonance; specifically, the restoration of victim dignity and the perceived legitimacy of justice. The paper concludes that the ICC’s role in enforcing human rights is not merely a matter of legal enforcement but a transformative psychological process. In both India and Liberia, the practical impact of the Court remains contingent upon a state's political commitment to aligning domestic laws with the evolving standards of international criminal justice and rehabilitative care.
Keywords: International Criminal Court (ICC), Human Rights Enforcement, Psychology of Impunity, Transgenerational Trauma, Principle of Complementarity, Victim Reparations, Sovereignty vs. Accountability and Comparative Jurisprudence.
