Özet:

The idea of the protection of human rights and therefore the fear of punishment of the horrible crimes committed against humanity and the unpunishment of these crimes in the national judicial systems has led to the development of the International Criminal Law. Human rights law has evolved on the basis of the idea of fair trial and the protection of the accused and victim, but in the development of international criminal law it has focused more on the concept of prosecution in the context of human rights. Even while the International Criminal Court’s Rome Statute is preparing, there has been large disputes about whether the Statute should contain references to defenses that exclude the accused’s responsibility. In this article, the UCM Status is held under the title 'Rezults for Discharge of Criminal Liability'. Article 33 and the provisions of Article 33 of the Supreme Authority shall be analyzed in the context of human rights. In this context, the reasons that eliminate the deficiency in the modern criminal law systems and the way in which the reasons for legal compliance are organized and the judgments of the pre-UCM international criminal courts will also refer to the aspects in which the international criminal law will address whether it is possible to establish a balance between the obligation to punish the systemic crimes and the respect of the fundamental rights of people.

Anahtar Kelimeler: