The Effectiveness of the International Criminal Court in Addressing War Crimes and Crimes Against Humanity

Abstract

This paper examined the effectiveness of the International Criminal Court (ICC) in addressing war crimes and crimes against humanity. The ICC was established with the primary aim of ending impunity for the perpetrators of the most serious offenses that threaten the peace, security, and well-being of the world. Historically, the pursuit of justice for war crimes and crimes against humanity was sporadic, limited to ad hoc tribunals like those for Rwanda and the former Yugoslavia. The Rome Statute of 1998 marked a significant development in international law, creating a permanent institution dedicated to prosecuting such crimes. Despite its noble aims, the ICC faces substantial challenges. These include political interference, lack of cooperation from member states, and limitations in jurisdiction, as the court can only prosecute crimes committed within the territories of signatory states or referred to it by the United Nations Security Council. Additionally, the ICC has been criticized for perceived biases, particularly its focus on African cases, and its limited enforcement capabilities. However, the ICC has made important strides in advancing international justice, contributing to the development of international criminal law, and providing a platform for victims’ voices. The court’s work has also raised awareness and encouraged reforms in national judicial systems. The prospects for the ICC hinge on enhancing state cooperation, securing broader jurisdictional authority, and addressing the criticisms of bias to reinforce its legitimacy and effectiveness in the global fight against impunity for war crimes and crimes against humanity.

 

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