Conflict between Public Interests of the Community and the Individual Interest of the States: Transition from the Principle of Immunity in the Light of the Development of International Criminal Law

Public interest of International community is one of the most important issues of modern International Law, and it is superior to private interest of individual states. The basis of this superiority is the common values and interest of international community as a whole. To protect and insure of the public interest of international community implies the limitation of individual interest of states. Elimination of impunity causes the establishment of international criminal courts. The goals of International Criminal Law have restricted the principle of impunity and International Criminal Law based of the responsibility and accountability in response to the International crimes. One of the most important issues in the Modern International Law is arranging the conflict between public interests of the community and the individual interest of the states.
The purpose of International Criminal Law is protection of the victims of gross and serious violations of International Human Rights Law and International Humanitarian Law. The advent of the jus-cogense and erga-omnes obligations has caused some limitations on the absolute immunity and sovereignty of the states in International Law since recent decades, but for more developments, we should expect in future.