آموزه های حقوق کیفری (22519351)(مقالات آماده انتشار)
Justice stands as a foundational objective of the International Criminal Court (ICC), with its Statute and procedural frameworks crafted to embody and operationalize the ideals of justice. This study centers on the conceptualization of justice and interrogates the structural and normative limitations impeding the Court's ability to render it effectively. A central ambiguity arises: in response to grave international crimes—genocide, war crimes, and other acts of mass atrocity that submerge the global order in injustice—what mechanism or process can credibly claim to restore and realize justice? Findings indicate that the ICC confronts multiple challenges in fulfilling its mandate: jurisdictional constraints, procedural hurdles in case referral, limited scope of prosecutable crimes, and difficulties in sentencing, reparative mechanisms, restorative justice, and reconciliation. These systemic complexities often culminate in a form of justice that is largely symbolic or partial. Consequently, the pursuit of transcendent justice becomes imperative—an evolved approach requiring statutory reform and the incorporation of peace-centric mechanisms such as apology and forgiveness, thereby compensating for the Court’s inherent limitations in delivering holistic justice.
