13
43.
Organized and planned by the States, at their most senior levels, State
crimes are executed by many individuals complying with a criminal policy of the
State in question, constituting authentic State crimes, which immediately involve the
international responsibility of both the State in question (in the sphere of
international human rights law) and that of the individuals who executed them.45
Hence the importance of preventing them, given their particular gravity, as well as
the guarantee of non-repetition (cf. infra).
4.
Prevention and guarantee of non-repetition
44.
Both international human rights law and international criminal law seek, each
in its own way, the prevention and the guarantee of non-repetition of the harmful
acts. Both combat impunity. In cases of grave violations, the former determines
exemplary reparations (or exemplary damages), as a legal consequence of authentic
State crimes. The latter determines penalties for those who, in the name of a State
policy, have committed acts of genocide, or crimes against humanity, or war crimes.
45.
There is no statute of limitations, typical of domestic law; there is no
extinguishment or extinctive prescription in cases of grave violations of human rights
and international humanitarian law. The Inter-American Court has made its
corresponding contribution, as exemplified in its “leading cases” in this regard of
Barrios Altos v. Peru (2001) and Bulacio v. Argentina (2003). The respective
international tribunals are not bound by res judicata (typical of domestic law) either,
because the applicable law is distinct, international human rights law and
international criminal law, respectively.
5.
Reparatory justice in the confluence of international human
rights law and international criminal law
46.
Alongside the recognition of the individual’s ownership of rights, arising
directly from international law (supra), contemporary legal writings have accepted
the existence of obligations also attributed by international law directly to the
individual. And – what it significant – grave violations of such rights, for example, by
crimes against humanity, involve international individual criminal responsibility,
irrespective of the provisions of domestic law on the matter.46 Contemporary
developments in international criminal law have had a direct effect on the emergence
of individual international criminal responsibility (the individual as both an active and
passive subject of international law, possessor of rights and bearer of obligations
arising directly from public international law (droit des gens)), and the principle of
universal jurisdiction.
47.
It is worth adding that the decisions of the United Nations Security Council to
create the ad hoc International Criminal Tribunals for the Former Yugoslavia (1993)
and for Rwanda (1994), added to the establishment of the permanent International
Criminal Court by the 1998 Rome Conference to prosecute those responsible for
Transnational Publs., 2000, pp. 103-120 and 490-494; L.J. van den Herik, The Contribution of the Rwanda
Tribunal to the Development of International Law, Leiden, Nijhoff, 2005, pp. 151-198.
44
.
Ibid., pp. 93, 183, 192, 199, 228, 278-279, 310, 329-331, 335, 360 and 375.
45
.
Cf. ibid., pp. 375-377, 403, 405-407, 441 and 447-448.
46
.
M.Ch. Bassiouni, Crimes against Humanity..., op. cit. supra n. (40), pp. 106 and 118.
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