The International Criminal Court And Its Major Obstacles Since Formation

2020 ◽  
Vol 7 (9) ◽  
pp. 76-86
Author(s):  
Barinaadaa Nwinkol ◽  
Bariledum Kia
Keyword(s):  
United States ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
The United States ◽  
Criminal Court ◽  
Criminal Prosecution ◽  
Factors Affecting ◽  
Realist Theory ◽  
The World

Global quest for the prosecution of heinous crimes of concern to the international community as a whole especially genocide, war crime, crime against humanity, and the crime of aggression committed by individuals led to the establishment of the International Criminal Court (ICC) on July 1, 2002. The court had however, not performed optimally due to some challenges. This paper set out to discuss the militating factors in the execution of the court’s mandate. Using the realist theory, the rational behind the attitude of India, China, Russia and the United State (all major non-state parties) in sabotaging the court’s effort is succinctly assessed. After pointing out other factors affecting the court, its way out of some of these problems was laid bare. The paper concludes that the court must make concerted efforts to replicate criminal prosecution in other parts of the world other than Africa to earn the required credibility and legitimacy it sorts. At the same time, it would have to lobby to ensure that major non-state parties, especially the United States, etc. accede to the Rome statute.

The Evolution and Establishment of the International Criminal Court (ICC)

2002 ◽  
Vol 30 (1) ◽  
pp. 92-162 ◽  
Author(s):  
Rosaria Vigorito
Keyword(s):  
United States ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
The United States ◽  
Criminal Court ◽  
World Community ◽  
The World ◽  
First Time

On July 17, 1998, the world community voted on the Rome Statute for the International Criminal Court (ICC,) which, if ratified by 60 countries, would establish for the first time in history, a permanent international criminal tribunal. The outcome was an overwhelmingly favorable vote, with 120 countries voting in favor, 21 abstentions, and 7 countries, including the United States, against. The idea of an international criminal court appeared to be in the making.

The Crime of Aggression: The United States Perspective

2015 ◽  
Vol 109 (2) ◽  
pp. 257-295 ◽  
Author(s):  
Harold Hongju Koh ◽  
Todd F. Buchwald
Keyword(s):  
United States ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
The United States ◽  
Criminal Court ◽  
Obama Administration ◽  
One Year

At the 2010 Review Conference in Kampala, the states parties to the Rome Statute of the International Criminal Court (ICC) decided to adopt seven amendments to the Rome Statute that contemplate the possibility of the Court exercising jurisdiction over the crime of aggression subject to certain conditions. One condition was that the exercise of jurisdiction would be “subject to a decision to be taken after 1 January 2017 by the same majority of States Parties as is required for the adoption of an amendment to the Statute,” and another was that such jurisdiction could be exercised “only with respect to crimes of aggression committed one year after the ratification or acceptance of the amendments by thirty States Parties.” As these dates approach, we—two lawyers who represented the United States at the Kampala conference and who worked many hours on the United States’ reengagement with the ICC during the Obama administration—thought it an appropriate moment to take stock of where we are, how we got here, and where we might or should be headed with respect to the crime of aggression.

Part 2 Jurisdiction, Admissibility, and Applicable Law: Compétence, Recevabilité, Et Droit Applicable, Art.12 Preconditions to the exercise of jurisdiction/Conditions préalables à l’exercice de la compétence

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
United States ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
General Rule ◽  
The United States ◽  
Criminal Court ◽  
State Party ◽  
Applicable Law ◽  
Party State

This chapter comments on Article 12 of the Rome Statute of the International Criminal Court. Article 12 was ‘[p]erhaps the most difficult compromise in the entire negotiations’. At the Rome Conference, there was a range of views on the ‘preconditions’ for jurisdiction, ranging from the narrow proposals of the United States restricting the Court's jurisdiction to nationals of States Parties, to a form of universal jurisdiction by which the Court would be able to prosecute any crime committed anywhere, providing that it could obtain custody over the offender. Article 12 establishes a general rule by which the Court may exercise jurisdiction over crimes committed on the territory of a State Party and, furthermore, over crimes committed by its nationals anywhere. The Court may also exercise jurisdiction if a non-party State has made a declaration pursuant to article 12(3).

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