The Modus Operandi of the International Criminal Court System: An Impartial or a Selective Justice Regime?
The International Criminal Court (icc) is a global court created to administer independent and impartial international criminal justice. It, therefore, has jurisdiction over all persons who have committed ‘the most important crimes of international concern’, including genocide, crimes against humanity, war crimes, and the crime of aggression. The court’s principal mission is to ensure the punishment of these crimes and the eradication of the impunity of their perpetrators in all parts of the world. However, the icc’s current justice administration system appears so selective and subject to external influence and manipulation as to defeat the global, independent, and impartial justice goal that the court is created to accomplish. This article examines this selectivity under the following sub-headings: geographic selectivity, situation selectivity, identity selectivity, and thematic selectivity. The article further explores some of the consequences of this selective justice regime and suggests some reforms in the system.