The Approach of the International Criminal Court to the Amnesty of the International Crimes from the View of the Double Jeopardy Rule

Without doubt, the amnesty of the international offenders is one of the factors of impunity and the International Criminal Court (as a permanent organization to confront the culture of impunity and provide the interests of justice) has a crucial responsibility to prevent the Perpetrators for the serious (gross) human-right violations to escape from the international criminal responsibility by using the tools of immunity like amnesty from the punishment. For this important purpose, this note studies and criticizes the approach of the International Criminal Court in a situation that the perpetrators of the international crimes are amnestied after trial in a national court or after national proceedings or after investigation or prosecution by the truth commission and after it, in order to prevent exercising of the complementary jurisdiction of the International Criminal Court and as a defense, they adduce to the Article 20 of the Rome Statute to the double jeopardy rule. According to the research findings, it seems that the proof of the grave human rights abusers who benefit amnesty or pardon for the double jeopardy rule cannot prevent the International Criminal Court to try their prosecution and trial. But at last deciding about it relates to the discretion of the International Criminal Court.