The Auction Of Accountability: Power, Politics And The Trial Of Global Justice
- IJLLR Journal
- Oct 5
- 1 min read
Mayankraj Vijay Kumar Sharma, Symbiosis Law School
ABSTRACT
The rise of international criminal law, which has no borders and is aimed at prosecuting crimes against humanity, has changed the landscape of global justice today. The era after the Nuremberg and Tokyo Trials established this branch of international law based on the principle of nullum crimen sine lege, which allowed for the prosecution of war crimes and crimes against humanity, which later included the crime of genocide. The International Criminal Court (ICC) today is the realization of this framework, which continues to require compliance for states based on the erga omnes obligation to comply with universal norms for the protection of rights and the protection of human dignity. Looking ahead, however, there will be significant challenges, such as addressing any perceived institutional bias, overcome restrictions on universal jurisdiction, negotiate the politics of state cooperation, and finally enforce judgments against state actors, especially those with power that fall outside the reach of enforcement. Against this background, the article considers international criminal law in more detail and its close association with human rights, as the first and fundamental step in the development of international criminal law. The future will need to find a balance of justice, inclusion and effectiveness, while still ensuring that new forms of international criminal jurisprudence respond to technological advances, geopolitical tensions and a search for global understanding.
