This Thesis provides a full and detailed analysis of the most significant Court in the International Criminal Law System today, the International Criminal Court. The foundation of this work is the principles and purposes thanks to which this Court operates, to provide a correct overview it is necessary to analyze not only the procedural aspects rounding its jurisdiction, but also the development and changes it has been subject to starting from its creation until today and the evolution Criminal Law was subject to be implemented on the International plane. My choice to work on this topic was guided by the challenge to provide a common line able to give a view over the development of such a peculiar system addressed to judge Crimes perceived as the most detrimental by the world. The sources at disposal were many, however, they lacked a common background of pieces of information and reasonings able to constitute knowledge over the Court in a unitary sense. The Data analyzed include the case law to see how it works in practice, the historical background of the events contributing to its creation, the procedural aspects covering theories, the Decision Making Procedures for the emission of the Sentences, and their consequential impact on the Public Opinion. By taking into account all the different data, the consequence is a scenario of the real effectiveness of this Court, its vulnerabilities, and the differences it marked since its establishment. Through an interpretation of these results it can be seen how, despite its huge criticism and the factors which shall be implemented, the International Criminal Court started a turning point in the History of Criminal Law, by trying to end impunity for gross violations of Human Rights to grant a safer community in which individuals can live together.
Il Meccanismo per Giudicare della Corte Penale Internazionale
INTRIERI, GAIA CATERINA
2023/2024
Abstract
This Thesis provides a full and detailed analysis of the most significant Court in the International Criminal Law System today, the International Criminal Court. The foundation of this work is the principles and purposes thanks to which this Court operates, to provide a correct overview it is necessary to analyze not only the procedural aspects rounding its jurisdiction, but also the development and changes it has been subject to starting from its creation until today and the evolution Criminal Law was subject to be implemented on the International plane. My choice to work on this topic was guided by the challenge to provide a common line able to give a view over the development of such a peculiar system addressed to judge Crimes perceived as the most detrimental by the world. The sources at disposal were many, however, they lacked a common background of pieces of information and reasonings able to constitute knowledge over the Court in a unitary sense. The Data analyzed include the case law to see how it works in practice, the historical background of the events contributing to its creation, the procedural aspects covering theories, the Decision Making Procedures for the emission of the Sentences, and their consequential impact on the Public Opinion. By taking into account all the different data, the consequence is a scenario of the real effectiveness of this Court, its vulnerabilities, and the differences it marked since its establishment. Through an interpretation of these results it can be seen how, despite its huge criticism and the factors which shall be implemented, the International Criminal Court started a turning point in the History of Criminal Law, by trying to end impunity for gross violations of Human Rights to grant a safer community in which individuals can live together.File | Dimensione | Formato | |
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https://hdl.handle.net/20.500.14240/158069