A influência do norte global e o reflexo da colonialidade na justiça penal internacional

Abstract

International Criminal Justice and individual responsibility emerge with the Nuremberg and Tokyo courts at the end of World War II. The consolidation of the field and the ad hoc and hybrid experiences of the 1990s allowed the establishment of a permanent organization: the International Criminal Court (ICC). Based on post and decolonial studies, as well as on Third World Approaches to International Law (TWAIL), this research seeks to analyze the construction of International Criminal Justice from the post-War period to the ICC, with an emphasis on the role of the Global North and the treatment given to individuals from the Global South. Once this exploratory and explicative research has been carried out, through a hypothetical-deductive approach, it is intended to ponder over the way the Global North influences International Criminal Justice, questioning whether such influence reflects the existence of coloniality in the legal system. At the end of the analysis, it was possible to conclude that, through a political and ideological agenda, the North turned the International Criminal Justice into a tool of domination and power that simulates a victor’s justice on a global scale and confirms the imperiality of its policy. Furthermore, it is agreed that coloniality, as a result of imperiality, is present in the ICC, given the unequal treatment of the United Nations Security Council in cases of violation of International Humanitarian Law and Human Rights.