Abstract Book of the 7th International Conference on Future of Social Sciences and Humanities
Year: 2025
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The Psychological Assessment of Perpetrators of International Crimes: Judicial Implications and Ethical Challenges in the Context of International Criminal Justice
Rus Mihaela
ABSTRACT:
The psychological assessment of individuals accused of committing international crimes—such as genocide, crimes against humanity, and war crimes—has become a crucial but complex component of international criminal justice. This paper examines the role, scope, and limitations of psychological evaluations in proceedings before international tribunals and courts, including the International Criminal Court (ICC) and ad hoc tribunals. Psychological assessments are often used to determine the mental capacity of the accused, their ability to stand trial, or the presence of personality disorders that may have influenced their actions. However, the integration of psychological expertise in international legal settings raises significant judicial and ethical questions. Challenges include the lack of standardized protocols for assessment across jurisdictions, cultural and linguistic biases, and the risk of pathologizing political or ideological motivations. Furthermore, ethical tensions arise when expert evaluations may impact sentencing, criminal responsibility, or perceptions of remorse and rehabilitation.
The paper analyzes key cases where psychological assessments have influenced court decisions and discusses the difficulties of maintaining objectivity in highly politicized trials. It also explores the intersection between justice and mental health in contexts where collective violence and command responsibility complicate individual accountability. Ultimately, the study argues for the development of clearer ethical frameworks and interdisciplinary standards to guide psychological expertise in international criminal proceedings. The aim is to enhance the fairness, consistency, and human rights compliance of judicial processes in which mental health plays a determinative role.
Keywords: accountability, ethical challenges, international criminal justice, psychological assessment, war crimes