The ROLE OF PUNISHMENT IN THE CONTEXT OF THE INTERNATIONAL CRIMINAL COURT: ANALYSIS OF THE STATUTE AND PRACTICAL IMPLICATIONS OF THE PENAL THEORIES ADOPTED BY THE COURT

Abstract

Theories of punishment have evolved throughout history, from tribal vengeance to retribution based on ethical principles. The Theory of Criminal Law of the Enemy proposes punishing individuals for their condition, not their offense, raising questions about justice and discrimination. However, the Rule of Law seeks to guarantee human rights and combat authoritarianism, promoting a just society. The Negative Theory of Punishment questions the effectiveness of punitive measures, highlighting the lack of resolution of underlying problems related to crime. Furthermore, the Retributive Theory of Punishment advocates retribution as its goal but lacks preventive and rehabilitative approaches essential for effective criminal justice, prompting debates on the modernization of the judiciary. The International Criminal Court adopts retribution in its constitutive text, while its detention center aims at rehabilitation. What are the possibilities for adapting the Rome Statute to reality? The study was based on a comprehensive literature review, aiming to investigate the Hague Court's detention center. The investigation is justified by the need to align this international system with contemporary demands for justice, given the discrepancy between the retributive theory adopted by the ICC in its statute and the intended practice of rehabilitation by its custody.