Vol. 5 No. 2 (2022): Pakistan Journal of International Affairs
Articles

THE CONCEPT OF CRIMINAL INTERNATIONAL LAW AND ITS APPLICATION IN PAKISTAN

Published 2022-06-29

Abstract

The term criminal justice was always regarded in the context of the state, as justified by the concept of sovereignty, which prohibited the implementation of international standards at the state level. However, as the sovereignty barrier eroded as a result of the growing need for a common approach to crime, recognition of the value of sharing experiences, growing admiration to human rights, and need to culminate international crimes, international legal norms were able to penetrate the domestic legal system more deeply. International law, as a branch, that is designed for the individuals to be held responsible for intense infringements in particular to the is termed as International criminal Law (ICL). After World War II, the idea of holding individuals in place of States responsible for such abuses gained weight. Transnational crimes like war crimes, crimes against humankind, aggression and genocide etc. are being dealt under this branch of international law. Several treaties and agreements, particularly the Geneva Convention, indicate that various infractions of International Humanitarian Law are deemed grave infringement and must be tried by High Contracting Parties underneath the principle of Universal Jurisdiction. The rest of the heinous violations of IHL are recognized by international criminal treaties and customary international law that constitute war crimes. International criminal tribunals significantly contribute to illuminate multiple IHL issues. The existing system of international criminal law is executed through national systems i.e., military tribunals and ordinary courts along with internationalized or mixed tribunals international ad-hoc tribunals along with the International Criminal Court (ICC). The researcher motivation in this paper is to recognize a portion of these peculiarities. This article will highlight the current examples of international criminal law’s application and recognition in Pakistan and will analyze that how the ICL has become important at domestic level in Pakistan for the purposes of culminating crimes affecting states at international level.