Justice On Trial: Legal Frameworks and Failures in Addressing War Crimes and Crimes Against Humanity

Author: Sanya Srivatsav, Intern, Lex Lumen Research Journal. [Page: 146-169]

KEYWORDS: War Crimes, Crimes Against Humanity, International Criminal Court (ICC), Transitional Justice, Accountability.

ABSTRACT

Justice for war crimes together with crimes against humanity stands as a fundamental principle of international law yet numerous systemwide failures prevent effective accountability. The paper evaluates the legal structures together with institutional systems which manage mass atrocity situations including the International Criminal Court (ICC) and both ad hoc tribunals and hybrid courts. The progress of international criminal law faces ongoing political interference together with selective enforcement and jurisdictional limitations which prevent justice from being served. The examination of Myanmar and Syria and Darfur demonstrates the difficulties in prosecuting influential figures together with obtaining support from states that refuse compliance. The extended duration of trials combined with insufficient victim compensation and political influences weaken public confidence in international justice institutions. The research reveals a conflict between legal standards and political realities because UN Security Council veto power and superpower protection mechanisms frequently block accountability efforts. The paper recommends multiple reforms which include bounding Security Council veto power and supporting greater ICC membership and regional court systems and making victim rights the central focus. International justice obtains its credibility through the removal of political influence from legal systems and the establishment of equal enforcement mechanisms that prioritize survivor rights and dignity

LexLumen – Open Access Box
LLRJ | Lex Lumen Research Journal Open Access Article
Open Access Licensed under CC BY-NC-SA 4.0

This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC-SA 4.0) licence, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

CC
BY
NC
SA
CC BY-NC-SA 4.0 · Free to read, share & adapt
Non-commercial use · Attribution required

Access Open Access
Copyright © LLRJ 2024–2026
Licence CC BY-NC-SA 4.0
Estd. 2024