Transnational Courts in the Field of Human Rights through the Perspective of International Legal Theory
Abstract
The new challenge to international legal theory results from a long-term contradiction between transnational intellectual efforts aiming at the development of new forms of punishment of genocide, crimes against humanity, war crimes and crime of aggression, as well as establishment of a permanent court with universal jurisdiction on the one hand and lack of real institutional development in this direction on the other.Apart from the social and political aspects of globalization, collective memory has to cope with the structural transformation of regulations and institutions, including the relatively recently formulated claims of the International Criminal Court (ICC). The court claims new mechanisms of punishment through new institutions and procedures in the field of international law as they are related to crimes of genocide, crimes against humanity, war crimes and war of aggression, and its current practice deals with the individual responsibility of political elites for violent conflicts on the African continent.