The International Criminal Court’s Benefits and Drawbacks

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Table of Contents

Introduction
Discussion
Conclusion
References

Introduction

The International Criminal Court (ICC) is responsible for prosecuting individuals involved in heinous crimes against the global community according to the provisions of the Rome Statute. Its main goal is to assist nations in ending impunity by tracking down perpetrators of human atrocities and bringing them to justice. However, under certain conditions, it can help solve disputes between countries. Although the ICC is often successful in pursuing its cases, the body suffers from various limitations that hinder its effectiveness. The ICC is beneficial because it is a symbol of hope and serves powerless individuals all over the globe. However, it faces numerous institutional restrictions, suffers from state manipulation, and is criticized for being selective in dispensing justice.

Discussion

The ICC symbolizes governments’ willingness to adhere to the tenets of International Law and human rights standards by fighting for peace, fairness, and global justice. In addition, it gives a voice to the powerless by tracking down individuals responsible for war crimes, terrorism, and genocide and trying them for their crimes (Shelton, 2021). Throughout human history, millions of men, women, and children have lost their lives due to unimaginable acts against them. In most occasions, the individuals responsible for these crimes yield significant power and have access to unlimited national resources. Therefore, state courts may be unable to fairly prosecute these individuals due to fear of retaliation and other adverse outcomes (Jakobi, 2020). However, the ICC has the power to sanction these individuals’ arrests and bring them before the court, thus championing democracy and the rights of victims.

One of the main setbacks of the ICC is its institutional restrictions as some countries have yet to ratify the Rome Statute and have not accepted its legitimacy on grounds that some nations use it to reinforce their powers. Illegitimacy in some countries and withdrawals by others limit the court’s credibility and decrease its powers (Ssenyonjo, 2018). Moreover, states that undermine its powers inhibit it from fighting for the rights of all individuals worldwide as its goals entail. The powers given to the ICC also expose it to external influence by superpower countries that use it for political motives (Shelton, 2021). Finally, the ICC is scrutinized for being selective in choosing and executing its prosecutions. Sometimes, it relies on information provided by organizations within areas where they preside over, thus eroding its dependability, accuracy, and reliability.

The ICC is not a substitute or replacement for national courts. Therefore, countries can still decide to prosecute crimes against humanity within their territories in their courts of justice (Jakobi, 2020). However, the domestic prosecution of crimes that rise to the levels of war crimes is complicated as it involves powerful players. In most occasions, individuals capable of committing these atrocities have powerful allies, and a wealth of resources, and play a role in governance. Thus, courts cannot ensure independent delivery of the final verdict (Jakobi, 2020). In addition, some countries do not have specialized units or a basis to prosecute these crimes, which might result in limitations in the rulings. Hence, it is better to forward these cases to the ICC because they are better positioned to offer fair and conclusive judgments.

Conclusion

Over the past century, several crimes against humanity have gone unpunished. However, the establishment of the ICC was a significant advancement as it promises justice for individuals harmed by others due to their selfish interests. The ICC is responsible for addressing crimes such as genocide, enslavement, torture, extermination, and atrocities that lead to massive loss of life. As a result, they symbolize individuals’ willingness to live in a peaceful world. In addition, they fight for the rights of the powerless and ensure that justice prevails. However, the institution is not endorsed by all countries, is exposed to political influence by powerful countries, and is selective in its cases. Nevertheless, it has the resources and capabilities to offer fair verdicts than national courts.

References

Jakobi, A. P. (2020). Crime, Security and Global Politics: An Introduction to Global Crime Governance. Bloomsbury Publishing.

Ssenyonjo, M. (2018). State Withdrawal Notifications from the Rome Statute of the International Criminal Court: South Africa, Burundi, and the Gambia. In Criminal Law Forum (Vol. 29, No. 1, pp. 63-119). Springer Netherlands. Web.

Shelton, D. (2021). International crimes, peace, and human rights: the role of the International Criminal Court. BRILL.

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The International Criminal Court’s Benefits and Drawbacks

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