The International Criminal Court and Human Rights: a brief look from international crimes

Abstract

The International Criminal Court, through its constitutive treaty, the Rome Statute, seeks to determine the international criminal responsibility of individuals who are under its jurisdiction and competence. In this sense, impunity in the face of severe human rights violations, as we will see in this analysis, leads us to establish the direct relationship between International Criminal Law and International Human Rights Law in response to impunity for severe violations. to human rights, often hiding behind immunity from criminal jurisdiction, as we will see in the case of Al Bashir. The ICC seeks that the most serious crimes do not go unpunished, and for these measures it requires the international cooperation of the States, to achieve truth, justice and reparation to the victims. The case that we will analyze through jurisprudence is that of Omar al Bashir, who ruled Sudan from 1989 to 2019, during his tenure, there were complaints of serious human rights violations, including the possible genocide in Darfur. As a result of the investigation and referral of the case to the ICC, the latter issued two international arrest warrants; However, it was not complied with by some countries under the argument of the immunity from criminal jurisdiction of High Heads of State, which the now former Sudanese president enjoyed at that time.