Guaranteeing Universal Administration of Criminal Justice:Realities and Challenges

Abstract

A countries ability to pursue justice for all depends on how well-functioning and broadly applicable its criminal justice system is. Most of the national laws for international crimes follows the fundamental principles and instruments of internationally recognized and applied criminal laws for which no significant differences can be seen between national and international tribunal regarding the trial of those crimes. The present applied universal principles of international crimes are not completely successful to stop the ongoing crimes of genocide, crimes against humanity and war crimes all over the world. The global peace and security, brotherhood and sovereignty of state are under threat by the current geopolitical situation. The overall trend of contemporary criminal justice system of the world served as a driving force to search for a better universal judicial system that can ensure global justice and end the culture of impunity along with deterring them from happening again in future. This study conducts a thorough examination of the procedures and difficulties of national and international tribunals and how criminal justice systems are now functioning throughout the world on a purpose of guaranteeing the equitable administration of criminal justice on a global scale. It also explores various gaps between national and international tribunals that they face while prosecuting international criminals and also pointing out the differences and injustices that impede the achievement of universal criminal justice. It investigates how administrative norms, judicial structures, and demographic factors contribute to the persistence of systemic prejudices considering both the contribution and loopholes of global authority like ICC, EU, and UN. Introduction of new principles on the trial of international crimes, application of the principle of complimentarily along with better cooperation of other countries, following obligatory principles of international legal instruments are crucial to reduce the rate of international crimes happening worldwide. This study found that adaptation of international principles and transferable strategies like parenspatriae jurisdiction can diverse the contexts to foster a more equitable and accessible criminal justice system. This thesishas concluded that how harmonization between national and international tribunals through application of new principles could have helped to develop the existing jurisprudence of international criminal laws as well as it provides ways to overcome the existing challenges faced by international Criminal Court.