The Reflection of Criminal Justice Theories in the Statutes of the International Criminal Court

Justice is considered as one of the most complicated issues in the field of human relations, especially when steps are to be taken by the ICC in order to compensate for “victim’s damage” and “deal with criminals and punish them”. The complexity of this issue is intensified when the Court connects the realization of justice to the issue of peace, security and prosperity. The study of the concept of justice in the supplementary jurisdiction shows that the Rome Statute, by appealing to it, is trying to partially adapt normative pluralism to the performance of international criminal justice. At the same time, the concept of justice in the Rome Statute is based on different circumstances and situations. In addition, justice in its own special sense is based on the authentication of offender’s fault as well as the rehabilitation of the offender, and in its general sense also includes the interests (profits) of the victims. That’s why the Court in order to have a lasting impact on justice and peace, has established a unit to support victims and witnesses, as well as establishing a trust fund. The Court, meanwhile, enforces the retributive justice by punishing perpetrators of atrocity crime. Accordingly, the Court’s decisions were aimed more at deterring (preventive) with the aim of achieving peace and security rather than the proportionality of offence and punishment; thus, indications of compensation for inequality have been occurred, which is not the concept of retributive justice in its rulings.