Human Rights Deterrence in Controlling War and Crimes Against Humanity

Articles in Press

Document Type : Original Article

Authors

1 Head of the International Commission of the Center for Official Lawyers and Family Advisors of the Judiciary

2 Member of the International Commission of the Center for Official Lawyers and Family Consultants of the Judiciary

10.22081/phlq.2025.71331.1102

Abstract

War and its destructive effects have always been a dark shadow over humanity, but despite all the efforts made, a world without war has never been achieved. Preventing crimes against humanity and preventing conflicts and wars are among the most important goals of international criminal law and human rights. This article analyzes the role of human rights mechanisms in preventing the occurrence of wars and widespread crimes against civilians, with emphasis on Islamic and Asian frameworks, and examines the function of international institutions, especially the International Criminal Court, in administering justice and reducing conflicts and wars. The Rome Statute, as one of the most important legal instruments in this field, has provided the necessary legal framework for prosecuting and punishing perpetrators of crimes against humanity. However, this article tries to examine various challenges such as jurisdictional limitations, political pressures, and lack of cooperation of some states in implementing international obligations. Also, the principle of non-refoulement, which is one of the key preventive tools in human rights, is analyzed in this research. In addition, the role of human rights diplomacy, global and international cooperation, and the implementation of international criminal justice in deterring war and crimes against humanity, as well as in strengthening Eastern and Islamic human rights principles, has been specifically examined and assessed. The findings of this study indicate that strengthening the jurisdiction of the International Criminal Court, increasing the obligations of states in the implementation of criminal justice, and developing international monitoring institutions are key and important measures in preventing crimes against humanity and reducing armed tensions at the global level.

Keywords

Journal of Philosophy of Law

Articles in Press, Corrected Proof
Available Online from 15 January 2026

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History

  • Receive Date: 16 May 2025
  • Accept Date: 20 May 2025

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