A seletividade dos casos levados à julgamento pelo tribunal penal internacional

Abstract

This work is to present the analysis of the judgments carried out by the International Criminal Court (ICC), such as their effects before the International Community. The ICC is an international organization that focuses on the issue of international justice and its purpose is to try people who have committed crimes under its statute, such as war crimes, genocide and crimes against humanity. Due to its importance for the United Nations, the results of its judgments cause effects throughout the planet, such as, for example, the successive creations of the Nuremberg and Tokyo Courts, in addition to the Genocide Convention and the Courts of Yugoslavia and Rwanda. With twenty years of experience, it is necessary to evaluate the effectiveness of punishments in cases judged by the ICC, which is the problem of this scientific research. Taking as an initial hypothesis the supposed selectivity in the choice of cases submitted to judgment by the ICC which, in turn, demonstrates the decline in public confidence in relation to the choice of its prosecutors, mainly in the African continent. The three objectives that guided this study were: the first destined to the analysis of the historical evolution since the creation of the ICC to the foreseen crimes and its action; the second to the examination of the 31 cases brought to trial by the ICC; and the third to assess the standards present in cases brought to trial by the International Criminal Court. Thus, the methodology adopted was qualitative through a bibliographical and documentary analysis, as well as the ICC's own database to analyze the 31 cases brought to trial. As a tool for further information on the methods adopted, the paradigm of crimes provided for in the Rome Statute, the document that created the International Criminal Court, was elected. Coming to the conclusion that, despite this organization being a milestone for global humanity, variables imply its ability to judge and prosecute, as the integrated work depends on the recognition and cooperation of the States, such as the collection of evidence, the extradition of witnesses or even financial support.