THE INTERNATIONAL RESPONSIBILITY OF STATES FOR HUMAN RIGHTS VIOLATIONS: CHALLENGES TO THE EFFECTIVENESS OF PROTECTION SYSTEMS AND INTERNATIONAL CRIMINAL JUSTICE
DOI:
https://doi.org/10.51891/rease.v12i10.29682Keywords:
Human Rights, State responsibility, International Criminal JusticeAbstract
The international responsibility of States for human rights violations remains one of the central challenges of contemporary international law. Although treaties, courts and monitoring mechanisms have expanded the legal protection of individuals, the effectiveness of these systems is weakened by State resistance, political selectivity, difficulties in enforcing international decisions and persistent impunity. This article examines the relationship between State responsibility and international criminal justice, focusing particularly on crimes against humanity. The research adopts a qualitative, bibliographical and documentary approach, analyzing international norms, United Nations documents, the Rome Statute and institutional materials produced by the International Criminal Court. It argues that State responsibility and individual criminal responsibility are distinct but complementary dimensions of the same civilizational requirement: preventing mass violations from being treated as mere political excesses or historical inevitabilities. The article also maintains that punishment must be combined with prevention, full reparation for victims, preservation of memory and continuous monitoring of State conduct. It concludes that human rights protection cannot be effective while the international order allows political power to decide selectively which atrocities deserve a legal response.
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Atribuição CC BY