Martin Faix & Ondřej Svaček
Palgrave MacMillan (United Kingdom)
Throughout history, institutions have been the chosen platforms for governing and regulating society. However, in the twenty-first century, with unprecedented connectivity and interdependence, working toward multilateral solutions for global challenges, whether in climate change through the UNFCCC or in trade via the World Trade Organization, has become increasingly complex. This rise in complexity within the international landscape has not been met with proportional attention to cooperation, conflict resolution, and harmonizing human values.
It is relevant to highlight the intersection between the International Criminal Court (ICC) and broader questions within international humanitarian law, (IHL) its interconnections and intertwinement with International Criminal Law (ICL) and International Human Rights Law (IHRL). The ICC is a human-designed mechanism aimed at addressing and prosecuting individuals responsible for atrocities. While many studies focus on how treaty law shapes commitment under public international law, the 'law-making' aspects of the ICC remain understudied. IHL is not a separated or isolated discipline within public international law. The relevance of this mutual relationship can be demonstrated and witnessed in a variety of ways, such as in the search for the definition of the term "armed conflict" as a fundamental term of IHL. Furthermore, connections between ICL and IHRL continue to expand well beyond initial conceptualization, as demonstrated in the current debates on reparations for victims of serious violations of international humanitarian law.
Paolo D. Farah,
The Intenational Crimial Court (ICC) as a Mechanism for Global Justice and Rule of Law,
ICC Jurisprudence and the Development of International Humanitarian Law, Global Issue Series
Available at: https://scholarship.law.pitt.edu/fac_book-chapters/45
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