Farhad Malekian – Uppsala, Sweden

Series: Criminal Justice, Law Enforcement and Corrections; Human Rights: Contemporary Issues and Perspectives
BISAC: LAW051000; LAW026000; POL035010
DOI: https://doi.org/10.52305/LNBL6486

Impunity for the commission of international crimes constitutes one of the most serious violations within international law, frequently enabled by various actors, particularly state governments. Historical records indicate that in numerous cases of severe breaches in international relations, leaders or those in positions of authority have committed atrocities yet have avoided accountability and punishment. Significantly, the jurisprudence of international criminal courts has frequently demonstrated a propensity to neglect or disregard justice in relation to certain global leaders responsible for genocide, crimes against humanity, war crimes, aggression, torture, apartheid, sexual violence, and the Holocaust involving children. This situation reflects a judicial system inundated with victims’ cases while judges and prosecutors predominantly focus on prosecuting lesser offenders. Although impunity contradicts the ethical foundations and principles of international law-which asserts universal applicability to all violators-it continues to receive implicit support from numerous governments. Despite the establishment of permanent International Criminal Court statutes and ad hoc tribunals designed to ensure accountability for international criminal conduct, no international institution has successfully prevented impunity among major powerful international criminals. Consequently, the objectives of peace, justice, fairness, and appropriate retribution have been substantially compromised by diminished moral capacities. This raises the question: what is the solution to the complex and selectively monopolized system of international criminal justice?

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