Tribunal Penal Internacional: influência dos direitos humanos na sua criação; estrutura e composição; aspectos penais e processuais penais


IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia




The International Penal Court was created by the Diplomatic Conference held in Rome in July, 1998. The IPC is a dream of former and present generations: break the impunity of serious crimes against Human Rights. It has come after 50 years of negotiation and studies carried out by the UN. We have already had International Courts created by the winners of the World War II (Nuremberg and Japan) in order to judge crimes committed by the losers and another two which were created in the 90s by the UN Security Council to judge crimes that were committed in the former Yugoslavia and Rwanda The IPC is not a court for the beaten. It is the creation of a permanent International Democratic Jurisdiction with the purpose of judging offenders responsible for genocide, war crimes, crimes of human injury, and aggression. So far, there has been some selection about whom the offenders are. Its creation is an opportunity to definitely eliminate the argument of the exclusive national competence related to the protection of human beings. Avoid or punish the state terrorism, finish off the opportunist tradition of anti-amnesty laws, halt cruel acts during armed conflicts. Provide confidence for victims giving them the guarantee that facts are going to be investigated, offenders judged and that the violated persons are going to be mended. Finish with impunity of powerful offenders, mainly, when they are authorities. The IPC will be put in action only when justice has not been done, when there is impunity in the country of the offender. The IPC has no historical parallel, it is unique. It means the first permanent international penal jurisdiction. It is certainly going to contribute to halt the cruelty era that we have been facing and to halt the banality of evil. The IPC Statute introduction gives it the task of fighting against the "cruelty that challenges imagination and affects human conscience deeply." Brazil has already adhered to the Treat of Rome and so have 100 countries. It will soon be sent to the National Congress for legislative analysis. Nevertheless, the IPC is going to initiate its activities when 60 countries ratify the statute. Our constitution is compatible with the IPC Statute. It has been conceived according to the peace principles, human dignity, and human rights. The 5th article preconizes the reception of treats that protect human beihgs. The IPC is a civil, humanist, and universal need. It is a breathing of a Constitution like ours. However, it will be put in action whether it is outraged. Possible controversies will be surpassed in the discussion by the National Congress. The IPC is unique, with no parallel for it is a combined and democratic effort of the States, International Organizations, Non-Governmental Organizations, and the "Planetary Civil Society"


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